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Monthly Archives: January 11, 2009

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...

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“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...

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The 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...

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“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”).  ...

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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...

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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...

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Contaminated 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...

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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...

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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...

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When 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...

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