Lessons Of Groningen: Can European Experiences Inform U.S. Shale Activities?
on March 7, 2017
With all the attention being paid to the U.S. domestic energy market, it can be easy to forget that oil and gas activities are continuing apace all around the world. U.S. energy producers are well-advised to monitor activities elsewhere in order to learn lessons that can be applied to domestic energy plays. One potential case study that may be of particular note to Utica shale producers involves the current issues facing the Groningen natural-gas field in the Netherlands....
Posted In: Insurance Recovery
Lloyd's Leads the Way? How a Coverage Dispute in New York Could Have Far-Reaching Impacts on the Energy Industry
on October 21, 2016
While the American energy industry continues to undergo a cooling-off period, disputes related to insurance coverage for damages allegedly caused by fracking is heating up. Over two years ago, Brouse McDowell warned policyholders to be aware of how their first-party insurance policies may or may not respond to damages allegedly caused by fracking or fracking-related activities such as underground disposal of fracking wastewater. Now, a federal lawsuit in New York may provide guidance on whether a pollution-liability policy affords coverage for similar claims....
Two Bites at the Apple: The Potential Impact of Lexington Ins. Co. v. DunnWell, LLC on Orders Declining to Find a Duty to Defend
on August 24, 2016
Experienced insurance-coverage attorneys and brokers know that in many cases the biggest expense to the insured is not the repayment of whatever damages are alleged by the plaintiff, but rather the insured's own defense costs. Therefore, one of the main objectives of coverage litigation is often to ensure that the insurer honors its duty to pay for the defense of its insured. Parties frequently file motions for summary judgment on the issue of whether the insurer owes a duty to defend, and the outcome of those motions can be significant to settlement negotiations. What if neither party's motion for summary judgment is granted, though? A recent decision from Ohio's Ninth District Court of Appeals may allow the parties another bite at the apple by virtue of an immediate appeal....
Lessons of Gawker: How Tactical Decisions Lead to Strategic Consequences
on July 5, 2016
The most important decisions in many lawsuits occur before any pleading or motion is even filed: determining which causes of action to pursue, or not pursue, can have a significant impact on the subsequent course of litigation. As demonstrated by the ongoing legal disputes surrounding Gawker Media, this lesson is particularly true in the context of insurance coverage disputes....
Teaching Old Dogs New Tricks: How New Efforts to Curtail Fracking May Result in More Insurance Coverage Disputes
on March 29, 2016
Environmental groups and public-policy thinkers continue to pursue a variety of arguments in their efforts to prevent or limit the claimed dangers of fracking, including the disposal of fracking byproducts in underground injection wells. Two recent developments in this area may be worthy of attention. First, a lawsuit filed in Oklahoma federal court indicates that environmentalists are attempting to apply a familiar environmental statute in the unfamiliar context of injection wells. Second, a proposal by an environmental law professor in Ohio would subject energy companies to strict liability for earthquake damage caused by fracking or injection wells. If either effort is successful, it could result in a greater number of insurance claims--and corresponding coverage disputes....
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