Publications and Newsletters

Construction Risks

Environmental Claims

Environmental Insurance

Environmental Law

Featured in this issue:

• Summary Judgment against Plaintiff who Failed to Provide Factual Support that she could Meet Burden of Proof of Negligent Design
  
• Design Professionals Not Subject to Liability under Title III of the ADA and Washington’s Law against Discrimination
  
• Project Manager Required by Fiduciary Duty to Owner to agree to Settlement with a Supplier Contrary to its Own Interest.
  

Featured in this issue:

• Waiver and Release Language in Change Order Bars Further Recovery
  
• Arbitration Consolidation was Inappropriate
  
• Failure to Request Change Order Bars Contractor Recovery for Excess Units
  

Featured in this issue:

• Do You Really Want to Cash that Check?
  
• Indemnification Clause Unenforceable if Negligent Parties Are Indemnified
  
• Insurance Carrier not Required to Treat CM as Additional Insured Under Contractor’s Policy
  

Featured in this issue:

• Mold Loss Excluded Under Homeowner’s Policy – Summary Judgment for Carrier
  
• Personal Injury Case against Engineer Dismissed for Lack of Expert Testimony
  
• Contractor May be Sued for Lost Profits Arising out of Breach of Contract
  

Featured in this issue:

• Limitation of Liability Clause Protecting Owner is Not Voided by Owner's Breach of Contract or Alleged Bad Faith
  
• Statute of Limitations Applicable to Negligence Actions Rather than Breach of Contract Applied to Dismiss Action against Architect

Featured in this issue:

• Standards Needed for Mold Exposure, Testing and Remediation

Featured in this issue:

• Engineer Had No Duty to Warn General Contractor’s Employee of Danger

Featured in this issue:

• No Liability Under New York Labor Law for Project Owner and Lender Where Worker’s Injuries Attributed Solely to His Own Fault
  
• Multi-Million Dollar Claim Invalidated by Court Due to Contractor’s Failure to Give Timely Notice
  

Featured in this issue:

• Broad Additional Insured Endorsement Entitles Contractor to Recover Damages under its Subcontractor’s Primary and Umbrella Policies

Featured in this issue:

• Preventing Mold-Related Nondisclosure Claims
  
• Court Rejects Employees’ Claim against Employer for Fraudulent Concealment of Mold
  
• Incident Reports are Held to be privileged
  

Featured in this issue:

• Absent Contractual Allocation of Risk of Delay, Subcontractor Cannot Recover Delay Damages from General Contractor Who was not Responsible for their Occurrence
  
• Punitive Damage Award Against Insurance Company Reversed by Supreme Court as Excessive

Featured in this issue:

• Architect’s Decision Final where Contractor Failed to Satisfy Arbitration Filing Requirements
  
• Testing Your Ethical Barometer

Featured in this issue:

• Sureties Walk a Fine Line Between Contractor Default and Claim Investigation
  
• Equitable Adjustment Allowed for Deductive Change

Featured in this issue:

• Boilerplate Can Burn!
  
• Accord and Satisfaction Language Barred Contract Claim
  
• Differing Site Conditions, Defective Specifications: One Coin, Two Sides
  

Featured in this issue:

• When to Stop Work for Non-payment
  
• Insurance Company that Incorrectly Denied Pollution Coverage did not Act in Bad Faith when it Failed to Defend its Insured
  

Featured in this issue:

• Liquidated Damages Clause and Waiver of Consequential Damages Clause Effectively Cap Damages Available against Design-Builder.
  
• No Warranty of Design

Featured in this issue:

• Highway Contractor Protected by State Immunity Statute
  
• Contractor Entitled to Rely Upon Government's Implied Warranty of Specifications

Featured in this issue:

• Getting A Handle On Emergency Response Costs
• Environmental Insurance 101
• Toxic Mold: Managing The Risk in the Post Insurance Exclusion Era

Featured in this issue:

• Environmental Insurance To Protect the Interest of Lenders
• Standards Needed for Mold Exposure, Testing and Remediation
  
• Keeping Cleanup Costs Palatable
  
• Managing Mold Risks in a Post Exclusion Era
  
• Environmental Insurance Market Update

Featured in this issue:

• Hot Tips from ERRA's Mold - Practical Risk Management and Insurance Solutions Seminar
• Hot Tips from ERRA's Environmental Insurance Forum
• Phase I's Being Phased Out by Environmental Insurance
• Distinguishing Perceived From Real Facility Hazards

Featured in this issue:

• Mold and Moisture Concerns in Buildings
• Red Hot Opportunities From Something Old, Cold and Damp...Mold!
• Emerging Options Environmental Insurance
• The Environmental MarketPlace

Featured in this issue:

• Mold and Homeowners Insurance: Costs, Consequences and Solutions
• Why All Risks Have A Pollution Exposure
• SEiP Featured Resource: Mold Resources
• The Environmental MarketPlace

Gallagher Environmental Risk & Insurance Advisor News & Notes

• 9/04 issue: CERCLA`s "All Appropriate Inquiry" Rule (PDF: 170 KB)
  
• 8/04 issue: Insurance Coverage for Mold in Schools - Learning Lessons Daily (PDF: 218 KB)
  
• 4/04 issue: Consultants and Contractors, BEWARE (PDF: 199 KB)
  
• 1/04 issue: Mold Is Neither Here Nor There, It`s Everywhere ! (PDF: 464 KB)
  
• 11/03 issue: Managing Environmental Liabilities via Indemnification and Risk Transfer (PDF: 213 KB)
  
• 9/03 issue: Disclosing Environmental Liabilities (PDF: 262 KB)
  
• 7/03 issue: Environmental Insurance 101 (PDF: 291 KB)
  
• 6/2/03 issue: State Real Estate Transfer and Disclosure Laws (PDF: 315 KB)
  
• 4/15/03 issue: EPA Enforcement (PDF: 363 KB)
  
• 3/1/03 issue: Legislative Updates - Mold and Indoor Air Quality (PDF: 374 KB)
  
• 2/1/03 issue: EPA Promulgates Findings Regarding Human Health Exposure to Contaminants in Air Following World Trade Center Destruction (PDF: 325 KB)
  
• 1/6/03 issue: Disclosing Environmental Liabilities: Coverage & Clarity Go Hand-in-Hand (PDF: 571 KB)
  

Environmental Coverage Case Law (2004)

• Duty to Defend
• Coverage Trigger
• Number of Occurrences
• Pollution Exclusion
• Absolute Pollution Exclusion
• Personal Injury Coverage
• Coverage Issues Arising From Clean-Up Costs
• Care, Custody & Control Exclusion
• Categorization of Expense
• What is a Pollutant
• Allocation of Loss