Subscribe for updates
Recent Posts
- Federal District Court Rejects Motion to Enjoin Biden Administration’s Section 401 Clean Water Act Rule
- Federal District Court Holds that CERCLA Procedure for Natural Resource Damage Assessments Not Required as a Matter of Law
- Local Law Prohibiting Natural Gas Piping is Preempted, Ninth Circuit Holds
- District Court Failed to Consider Maui Factors as to Mining Company's Groundwater Discharges, Tenth Circuit Holds
- Federal District Court Excludes Expert Testimony in Flint Water Cases as Unreliable
Topics
- Evidence
- Internal Investigation
- Citizens Suit
- Federal Insecticide, Fungicide, and Rodenticide Act
- FIFRA
- Georgia
- Major Questions Doctrine
- Lead Paint
- Greenwashing
- Good Faith Settlement
- Federal Facilities
- Statutory Notice
- Oil Pollution Act
- Federal Jurisdiction
- Owner Liability
- Court of Federal Claims
- Ripeness
- Renewable Fuel Standard
- Fish and Wildlife Service
- Greenhouse Gas
- Refinery
- Alaska
- Florida
- Solvents
- National Priorities List
- Vapor Intrusion
- Price-Anderson Act
- Solid Waste Management Act
- Personal Jurisdiction
- Successor Liability
- Potentially Responsible Parties
- Operator Liability
- Federal Circuit
- Environmental Covenants
- Divisibility
- Apportionment
- National Contingency Plan
- Strict Liability
- Water Pollution Control Act
- Utilities
- Public Utilities Commission
- Historic Resources
- Hydraulic Fracturing
- Water Use
- Ohio
- PFAS
- Alternative Dispute Resolution
- Arbitration
- Climate Change
- Auer Deference
- Commonwealth Court
- Fees
- West Virginia
- Forest Service
- TSCA
- Asbestos
- Martime
- Utah
- Tribal Lands
- Federal Tort Claims Act
- Gold King Mine
- New Mexico
- Delaware
- Delaware Department of Natural Resources and Environmental Control
- National Forest Management Act
- FERC
- Chevron Deference
- United States Supreme Court
- Endangered Species Act
- HSCA
- Corporate Veil
- Alter Ego
- Allocation
- Eleventh Amendment
- Delaware River Basin Commission
- Mining
- Intervention
- New Hampshire
- PCBs
- Property Damage
- Building Materials
- First Circuit
- Groundwater
- Natural Resource Damages
- Brownfield
- Innocent Party
- Brownfields
- Environmental Rights Amendment
- Pipeline Hazardous Materials Safety Administration
- PHMSA
- FOIA
- Effluents
- Sediment Sites
- EHB
- Texas
- Missouri
- Pipelines
- Coal Ash
- Injunction
- Spoliation
- TMDL
- Stormwater
- Safe Drinking Water Act
- Colorado
- Michigan
- Drinking Water
- North Carolina
- Bankruptcy
- Clean Streams Law
- Hearing Board
- Civil Penalties
- Arranger Liability
- Retroactive
- Sovereign Immunity
- Damages
- Stigma
- Property Value
- Tax assessment
- Fair Market Value
- Storage Tank
- Fifth Circuit
- Indemnification
- Energy
- Electric
- Arizona
- Ninth Circuit
- Attorney-Client
- OPRA
- Iowa
- Discovery Rule
- Fourth Circuit
- Eighth Circuit
- Administrative Appeals
- Taxes
- Preemption
- CAFA
- Freshwater Wetlands Protect Act
- Inspection
- Residential
- New York
- Natural Gas Act
- Pennsylvania Department of Environmental Protection
- Federal Energy Regulatory Commission
- D.C. Circuit
- HAPs
- Hazardous Air Pollutants
- Mercury
- Condemnation
- Takings
- Natural Gas
- Storage
- Takings Clause
- Fifth Amendment
- Flooding
- Spill Act
- Causation
- NEPA
- Tenth Circuit
- Interior
- Mineral Leasing Act
- California
- Act 13
- Zoning
- Duty to Defend
- Insurance Coverage
- Eminent Domain
- Landfill
- Private Right of Action
- Sixth Circuit
- Illinois
- Water
- Diligent Prosecution
- Subject Matter Jurisdiction
- Citizen Suit
- Arkansas
- Pennsylvania
- Press
- Uncategorized
- Maryland
- Eleventh Circuit
- Navigability
- Riverbed
- Equal-Footing Doctrine
- Montana
- Indiana
- Seventh Circuit
- Breach of Contract
- Public Lands
- Green House Counsel
- Bona Fide Prospective Purchaser
- Equity
- Laches
- Delay Notice
- EPA
- Boiler MACT
- Rulemaking
- Consent Decree
- CISWI
- Enforcement
- Contribution
- Declaratory Relief
- Second Circuit
- NPDES
- Procedure
- Standing
- Dimock
- Medical Monitoring
- Case Update
- Legislation
- Certification
- Contamination
- Dukes
- Louisiana
- CLE
- Cases to Watch
- Discovery
- Expert Witness
- Privilege
- Work Product
- Decisions of Note
- CERCLA
- Cost Recovery
- Defense Costs
- Insurance
- Real Estate
- Negligence
- Remediation
- Response Action Contractors
- Consultant Liability
- Donovan
- Rapanos
- Army Corps
- Farming
- Hog Barn
- Kentucky
- Nuisance
- Class Actions
- Odors
- Trespass
- Informal Agency Action
- New Jersey
- Administrative Hearing
- ISRA
- Cancer
- Combustion
- Emissions
- Railroad
- RCRA
- Waste
- Air
- Speaking Engagements
- Toxic Torts
- Federal Procedure
- Removal
- Third Circuit
- Clean Air Act
- Permits
- Statute of Limitations
- Title V
- Cleanup
- Superfund
- Supreme Court
- Multi-District Litigation
- Statute of Repose
- Tolling
- Camp Lejeune
- Wetlands
- Deeds
- Administrative Procedures Act
- Marcellus Shale
- Clean Water Act
- Mineral Rights
- Due Process
- Enforcement Action
- Oil and Gas
- Royalties
- Drilling
- Exploration
- Leases
Blog editor
Blog Contributors
- Danielle N. Bagwell
- Brielle A. Brown
- Kate Campbell
- Stephen D. Daly
- Thomas M. Duncan
- Kelly A. Hanna
- Jessica D. Hunt
- Todd D. Kantorczyk
- Dylan G. LaMorte
- Brandon P. Matsnev
- Giselle F. Mazmanian
- Nicole R. Moshang
- Shoshana (Suzanne Ilene) Schiller
- Diana A. Silva
- Alice Douglas Solomon
- Natalia P. Teekah
- Garrett D. Trego
The U.S. District Court for the Western District of Pennsylvania issued a short but important decision this week concerning the applicable statute of limitations under Pennsylvania law for an insurance carrier’s allegedly improper refusal to accept the defense of its insured. Wiseman Oil Co., Inc. v. TIG Insurance Co., Civ. Action No. 011-1011 (W.D. Pa.), is an environmental insurance case brought against an insurer for breach of contract and bad faith for failure to defend a CERCLA action. After answering the complaint, the defendant insurer filed a motion for judgment on the pleadings, arguing that the action – filed in 2011 after the insured entered into a Consent Decree to resolve the underlying litigation – was time-barred because the insured’s claims accrued in 2004, when the insurer initially refused to provide the insured with a defense.
In a July 17th Memorandum Order, the Court disagreed, adopting in full the Magistrate Judge’s May 29th findings and recommendations, and characterizing the insurer’s objections unpersuasive and off-point. On the claim for breach of contract for failure to defend, which carries with it a 4-year limitations period, the Court affirmed the Magistrate Judge’s finding that the claim does not begin to run against an insurer until the underlying action against the insured is terminated and the defense costs are fixed – in this case, in 2011 when the Consent Decree was entered.
And on the statutory bad faith claim, which carries with it a 2-year limitations period, the Court adopted the Magistrate Judge’s conclusion that the statute begins to run only upon “a clear or unequivocal denial of coverage by the insurer.” In this regard, the Magistrate Judge found that the insurer’s correspondence following receipt of the insured’s tender, which advised that the insurer was unable to locate the policies and thus was unable to provide any coverage determination, read more like a reservation-of-rights letter than a clear denial of coverage. In fact, the Magistrate Judge found that the insurer did not clearly deny coverage and refuse to defend until 2010, when it notified the insured that it would “take no further action” if it did not receive copies of the policies within 30 days.