Reducing Environmental Risk

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Year: 2017

Contract Terms Have Specific, Carefully Defined Meanings, and are Not Ambiguous, and so Extrinsic and Parol Evidence to be Excluded, and Buyer of Kalamazoo Coating Resin Business Must Remediate Site

A recent federal case in New York was a reminder that in contract litigation, the parties should be careful what they claim about how "unambiguous" a contract provision assigning environmental liabilities, as elsewhere, and that in contract drafting, even apparently...

Second Circuit: Late Notice To Insurer Bars Coverage For Environmental Claims

How important is it that timely notice of an environmental claim be given to your insurance carrier? And just what is "timely"?A federal appeals court in New York recently answered, "it's very important," and "timely" means as soon as practicable (but more than...

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