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Nationwide Mutual Insurance Company Announces it Will Not Insure Damages from Fracking

by Kent Holland | Jul 18, 2012 | Newsletter Article

J. Kent Holland Jr., J.D. A Wall Street Journal article (Associated Press) states that Nationwide Mutual Insurance Co. has become the first major insurance company to announce that it will not issue policies to cover damage related to hydraulic fracturing.  According...

Pollution Exclusion in Well Driller’s CGL Policy Barred Coverage for Damages Allegedly Caused by Hydraulic Fracturing

by Kent Holland | Jul 18, 2012 | Newsletter Article

J. Kent Holland, Jr., J.D. Where a hydraulic fracturing well driller was sued by a homeowner who alleged his drinking water was contaminated by the release and discharge of pollutants and contaminants due to improper cement casing of the gas wells and other activities...

Standards Needed for Mold Exposure, Testing and Remediation

by Kent Holland | Feb 9, 2011 | Newsletter Article

Currently, federal or state established standards of safety thresholds for mold exposure are are non-existent.  Scientific agreement has not even been reached on whether mold (or various types of mold) are hazardous or injurious to health.  Nor are there standards for...

Mold Problems Increase: Is Coverage Available?

by Kent Holland | Feb 8, 2011 | Newsletter Article

The presence of mold in buildings and the resulting health effects are increasingly becoming a public concern. Office buildings have been evacuated, homeowners are fleeing their homes, renters are being relocated, and schools have been closed all due to what some...

Where Mold Damage was Expressly Excluded from Coverage, the Fact it Resulted from a Covered Concurrent Cause Did not Bring it Back Within Coverage

by Kent Holland | Dec 31, 2010 | Newsletter Article

The mold exclusion in a builder’s risk insurance policy was held to be applicable to mold damage that resulted from covered watered damages that resulted when vandals turned on water taps of a new house just after substantial construction had been completed. Although...

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