Recovery of Voluntary Cleanup Costs Under CERCLA – Answers from the High Court
By Bret A. Stone and John R. Till
After years of uncertainty on a key issue for environmental lawyers and the clients they represent, the United States Supreme Court in United States v. Atlantic Research Corp., __ U.S. __, 127 S. Ct. 2331 (2007...
Read More“Sustainability” – Buzzword or Legal Duty?
By Bret A. Stone and John R. Till
It seems like everyone is talking about “sustainability.” The past few years have been witness to a whirlwind of change in the environmental community. With celebrities driving hybrid cars and Hollywood studios...
Read MoreThe Document Retention Policy Fallacy
By Bret A. Stone and John R. Till
I. INTRODUCTION
DO NOT throw away old insurance policies. Now days, many accountants are advising their clients to destroy records after a certain number of years. But this advice could cos...
“Ultimate Net Loss” after Powerine – Another Victory for Policyholders
By Bret A. Stone and John R. Till
Introduction
The California Supreme Court recently handed down an important victory for policyholders in Powerine Oil Co., Inc. v. Superior Court (2005) 37 Cal. App. 4th 377 (“Powerine II”). ...
Insurance Archaeology: Looking for Buried Treasure
By Bret A. Stone and John R. Till
Introduction
Lawyers and the businesses they represent often get so involved in defending claims that the availability of historic insurance policies to help defray the costs of defense is not...
Back from the Dead – Suing dissolved corporations and deceased individuals
By Bret A. Stone and John R. Till
Did you know that companies that have dissolved or gone bankrupt can still have claims brought against them? What about actions against the dearly departed? While it may seem counter-intuitive to sue a dissol...
Read MoreContaminated Collateral – 40 Year Old Insurance Policies Could Be Worth Millions
By Bret A. Stone and John R. Till
I. Introduction
Most banks and financial institutions are loathe to admit it, but their portfolio of properties and loans include properties that are or may be environmentally impaired. If...
Affirmative Defense for Setoff Could Constitute “Suit” Triggering Insurer’s Duty to Defend
By Bret A. Stone and John R. Till
Introduction
A California Court of Appeals recently found that an affirmative defense seeking a setoff could be the functional equivalent of a “suit” seeking damages within the standard duty-t...
Looking for Buried Treasure – 40-Year Old Insurance Policies Could Be Worth Millions
By Bret A. Stone and John R. Till
Introduction
GOTCHA! The garment cleaning industry is on the “most wanted” list for environmental violations and a favorite target among regulators and private parties seeking millions in damage...
Read MoreWhen Best Management Practices Aren’t Enough – Environmental Laws, Insurance, and the Metal Finishing Industry
By Bret A. Stone and John R. Till
Introduction
So, you’ve taken over dad’s plating company and you think that as long as you maintain good environmental business practices, you’re not at risk of environmental enforcement. WRO...
