East News

Primary Insurer Must Exhaust Policy Via Payment to Pass Defense Obligation to Excess Insurer in N.H.

Standard liability policies typically contain an exhaustion clause that establishes that the primary insurer’s duty to defend terminates upon the payment of the insurer’s policy limits through a formal settlement or satisfaction of judgment of claims asserted against the insured. …

Amtrak Engineer Distracted Before Deadly Philadelphia Derailment

An Amtrak engineer whose speeding train jumped the tracks along a curve in Philadelphia last year, killing eight people, was distracted by radio transmissions, a U.S. official briefed on the investigation said Monday. Engineer Brandon Bostian told investigators three days …

New Jersey Shore Towns Resist Sand Dunes

Governor Chris Christie’s warning of Hurricane Sandy-like destruction of the New Jersey shore will be tested as the worst storm season in three years approaches and beachfront homeowners delay his building protective dunes along all 127 miles of the state’s …

New York Case is Assault and Battery Plain and Simple

It is well known that courts require insurers to defend their insured if there is any possibility that coverage may potentially exist. Under New York law, the duty to defend is triggered whenever the allegations of a complaint, liberally construed, …

New Penn State Abuse Claims Reopens Emotional Wounds

The pain and passion over the Penn State sexual abuse scandal were reignited with new allegations that Joe Paterno was told Jerry Sandusky sexually abused a child as early as 1976 and that two assistant coaches witnessed the abuse of …

A Practical Approach to Pollution Exclusions

The Supreme Court of Vermont recently demonstrated in Whitney v. Vermont Mutual Ins. Co., 2015 VT 140, 2015 WL 8540432 (filed Dec. 11, 2015) a practical approach to the application of an absolute pollution exclusion. The case facts involved a …

DC Metro’s Mishandling of Fire Prompts Safety Changes

Describing a dramatic list of missteps by Metro during a response to a station fire, the Federal Transit Administration issued a series of directives to the Washington D.C., transit agency while threatening to shut down the system. The FTA, which …

Federal Report Finds That DC Subway Safety Hasn’t Improved

Washington’s subway system did not make meaningful safety improvements between a deadly collision in 2009 and a fatal fire in 2015, and some of the safety problems date back to the system’s first fatal accident in 1982, federal investigators said …

Synthetic Drugs Spark New Look at Drugged-Driving Laws

Eighteen-year-old Kristian Roggio was riding in a friend’s car when another driver careened across a Brooklyn street, colliding head-on and killing her. That driver had inhaled aerosol dust cleaner moments before to get high, and prosecutors say he was impaired …

New York Comptroller Wants Railroads to Increase Oil Spill Insurance

New York state’s comptroller urged federal authorities Tuesday to strengthen safety measures against oil spills and require trains to carry sufficient insurance to cover cleanup costs from major accidents. Comptroller Thomas DiNapoli is administrator of New York’s $40 million Oil …

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