Appellate Court Allows Oil Spill Subrogation Against Tank Manufacturer

In December 1998, James and Deborah Spillane had an oil tank installed at their property in Islip, Long Island. Less than four years later, they smelled an odor emanating from the tank and discovered the tank was leaking oil into the soil and ground water. The Spillanes filed a claim under their General Casualty Insurance Company homeowner’s policy. General Casualty paid and brought a subrogation action against the manufacturer of the oil tank, alleging that the oil spill was due solely to a defect in the tank. The tank manufacturer moved to dismiss the lawsuit. The trial court denied Defendant manufacturer’s motion to dismiss. The Appellate Court affirmed this decision, and allowed the lawsuit to go forward [1].

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Governor Signs Tenant Indoor Air Notification Law

A10952-B/S.8624

New York is the first state in the country to enact a law requiring building owners to notify tenants and prospective tenants the results of certain environmental testing.

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The Clean Air Act

The Clean Air Act (“CAA”) was in the news a lot the past two months.   States moved forward with regulation of greenhouse gases believed to cause climate change.  Also, an appellate court struck down a rule designed to reduce emissions believed to cause acid rain in the Adirondacks.

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