Topic: Toxic Tort

Chinese Drywall – Senate Bill Could Facilitate Effecting Service of Process on Foreign Defendants

Legislation recently introduced in the United States Senate could help homeowners haul foreign manufacturers of allegedly defective Chinese drywall into court.  The Foreign Manufacturers Legal Accountability Act of 2009, introduced by Senators Sheldon Whitehouse (D- RI), Jeff Sessions (R-AL) and Dick Durbin (D-IL), seeks to make it easier to bring foreign companies before American courts. 

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Massachusetts Highest State Court: Pro-Rata “Time-On-The-Risk” Allocation Method Applies to Ongoing Environmental Pollution Occurring Over Multiple Policy Periods

The Massachusetts Supreme Judicial Court recently held that where an insured “incurs covered costs as a result of ongoing environmental contamination occurring over more than one year and the insurer provided coverage for less than the full period of years in which contamination occurred,” the loss should be pro rated among all the insurers on the risk during the relevant period. 

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Chinese Drywall – Environmental Protection Agency Releases Preliminary Test Results

The United States Environmental Protection Agency (EPA) recently conducted comparative testing on drywall manufactured in China and the United States.  As reported here, here, and here, Chinese drywall emits fumes that allegedly smell like rotten eggs, cause health problems and corrode metal in thousands of new homes built between 2002 and 2007.  Complaints have been registered nationwide but are concentrated in the Southeast, particularly in Florida. 

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