March 7, 2013

Pollution coverage for the Food & Beverage Industry from XL Group

Source: XL Environmental eNews, March 5, 2013

Can your clients in the Food and Beverage industry afford to shut down their operations in the event of a pathogen (viral, bacterial, fungus) outbreak and its accompanying media attention? Pollution claims associated with these exposures can be costly and time consuming. In order to address these exposures, XL Group introduces the Environmental Food and Beverage Policy  with endorsements tailored specifically for the Food and Beverage industry.

Our new policy includes enhancements to the Pollution and Remediation Legal Liability Policy from XL Group, a trusted market with over 25 years experience in providing environmental coverages to your insureds.


  • disinfection expense
  • disaster response expense

Standard Coverage:

  • cleanup costs;
  • third-party bodily injury and property damage; and
  • legal defense expense claims

These coverages are designed to make it easier for you to be sure that your Food and Beverage clients have the pollution protection they need.

Let us show you how we can provide a secure, long-term environmental risk management foundation for your Food and Beverage clients.


January 17, 2013

Mondaq Business Briefing -Day Pitney LLP United States – Hurricane Sandy Creates Environmental, Safety And Health Concerns For Local Employers

Source: Mondaq Business Briefing, January 15, 2013
Posted on: http://envfpn.advisen.com

In addition to widespread power outages and property damage, Hurricane Sandy also generated a host of other issues for employers. One issue that local employers face is whether their worksites contain biological or chemical hazards due to flooding or contamination. A common concern for employers that have experienced flooding is the presence of mold in the workplace.

When employers expose employees to health and safety hazards, they expose themselves to potential workers’ compensation claims. Moreover, while workers’ compensation statutes generally bar tort claims in court, and restrict the availability of certain remedies, states typically allow employees to proceed with such claims in court where an employer is aware of serious hazards in the workplace and intentionally or recklessly exposes its employees to those hazards. In New Jersey, an employee must demonstrate that the employer committed an “intentional wrong” to overcome the workers’ compensation bar.

New Jersey employers should carefully assess their property, and other sites where their employers work, to determine if Superstorm Sandy created any health or safety hazards.

Originally published on the Employer’s Law Blog


The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mr James Boyan
Day Pitney LLP
7 Times Square
New York
Tel: 2122975800
Fax: 2129162940
E-mail: Pmanuele@daypitney.com
URL: www.daypitney.com


January 15, 2013

Contamination from Sandy below allowable limits

Read here about testing done by OSHA that revealed contamination from Sandy in New York and New Jersey is below permissible limits.…

December 27, 2010

A Lapse in Judgment—and Insurance

A contractor subcontracted the design of a ventilation system to a mechanical engineer. The engineer miscalculated the cooling needs of the building and specified an inadequate ventilation system. Because of the system’s poor performance, the building owner demanded $180,000 to replace it. At the time of the claim, the mechanical engineer had let his Errors and Omissions policy lapse. Therefore, the contractor was held liable for replacing the system.

This is a claim scenario developed from a single claim or several claims and has been developed for illustrative purposes only.

December 23, 2010

OSHA Cites 4 Companies in Parking Garage Collapse

Source:  New York Times Online, April 30, 2004
By:  Eric Lipton

Intentional disregard or plain indifference by one of the main subcontractors at the Tropicana Casino and Resort expansion project, as well as serious violations by three other companies, caused the death of four workers and the injury of 20 others when the garage they were erecting collapsed last October, federal investigators concluded yesterday.

The findings, which leave open the possibility that criminal charges could be filed against Fabi Construction Inc. of Egg Harbor Township, N.J., are based on a conclusion that critical reinforcing steel that was supposed to hold up the garage floors Fabi was building were not sufficiently anchored into columns where the collapse occurred. …

September 1, 2010

Brookdale Inn and Spa owner pays $17,000 for dead fish but is slapped with lawsuit from employees

Acknowledgement to Ironshore Environmental

Santa Cruz Sentinel, Calif.

Apr. 17–SANTA CRUZ — The owner of the Brookdale Inn and Spa will pay nearly $17,000 after one of his employees poured chemicals into a storm drain in 2008, killing about 50 endangered steelhead trout as they swam through Clear Creek in the lodge’s famous dining room.

But new problems continue to pop up at the beleaguered inn, as Santa Cruz attorney Jonathan Gettleman on Wednesday served Kakkar with yet another lawsuit. This one alleged a host of unfair work practices on behalf of eight former employees.…

July 27, 2010

Foundry Fined $8M for Safety and Environmental Violations

A manufacturer of cast iron pipe was fined $8 million for dozens of environmental violations and lying about numerous safety violations at its plant along the Delaware River. The company is under federal monitor for a four-year probationary period. Prosecutors sought a maximum fine of $15 million for the company, which was convicted in 2006 of conspiring to violate environmental regulations and obstructing state and federal probes. The company was found to have ignored dangerous conditions at the plant that led to several serious injuries, including one employee who sustained a fractured skull and lost an eye when a saw blade broke apart, and another who had to have three fingers amputated after a safety device on a cement mixer was bypassed. Threatened with retaliation if they told the truth about the unsafe conditions, employees lied to investigators about those incidents as well as the circumstances of a forklift accident that killed an employee in 2000.…