Small Sources of Air Emissions, Even if Temporary, Must Now Keep Records to Verify Exemption from Air Permitting Requirements

By | Louisiana Law Blog | March 30, 2017
louisiana By Tokesha Collins-Wright and Maureen N. Harbourt The general rule under Louisiana law has long been that any activity that results in emissions of air pollutants must obtain an air permit from the Louisiana Department of Environmental Quality (LDEQ) unless a specific exemption applies. View Full Post
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Lloyd’s of London Announces Opening of Brussels Office to Safeguard Business Post-Brexit

Lloyds Building LondonOn 30 March 2017, Lloyd’s of London confirmed that it will establish a new subsidiary in Brussels, which will be operational for the 1 January renewal season in 2019. The announcement follows on immediately from the UK Government’s formal triggering of the Brexit process on 29 March 2017. View Full Post
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Costs to Repair or Replace Defective Construction Excluded Under Commercial General Liability Policy

Often a homeowner’s damages are not the result of a storm event, but rather the result of defective construction. In such situations, the homeowner will often pursue an action against the general contractor or subcontractor for various claims, such as negligence or breach of implied warranty of habitability. View Full Post
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SUPREME COURT HEARS “CHURCH PLAN” ERISA CLASS ACTION CASES

On Monday, the Supreme Court heard oral argument in the consolidated “church plan” cases, Advocate Health Care Network v. StapletonSt. Peter’s Healthcare System v. Kaplan, and Dignity Health v. Rollins.  As an initial matter, unless the Senate confirms Neil Gorsuch in the very near future, the case will be decided by an eight-Justice court.  View Full Post
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D&O Insurance: When is a Claim a “Securities Claim”?

By | The D&O Diary | March 29, 2017
delawarePublic company D&O insurance policies typically provide coverage for the corporate entity only for “Securities Claims.” A recent case in the Delaware Superior Court involved the question of whether a bankruptcy trustee’s claim related to Verizon’s multi-billion dollar spinoff of its electronic directories business was a “Securities Claim.” In an interesting and detailed opinion dated March 2, 2017 and released March 15, 2017 (here), Judge William C. View Full Post
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Insurers’ Antitrust Exemption in Crosshairs Again As Part of Potential Health Care Overhaul

By | C-Suite Risk Report | March 29, 2017
Just when you thought the health insurance legal and regulatory landscape couldn’t get any more interesting, along comes the Competitive Health Insurance Reform Act of 2017 (the Act). The Act removes a longstanding antitrust exemption and places health insurers back under federal antitrust scrutiny. View Full Post
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