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Texas Federal Court Finds Insurers Have No Duty To Defend Underlying Worker Death Case But May Have Duty To Indemnify

Two insurers filed a declaratory judgment in Texas federal court to determine whether they had a duty to defend and indemnify certain parties in an underlying Texas state court action in which a deceased worker’s family alleged that the parties were responsible for the worker’s death.  The worker was involved in the installation of a city’s sewer lines when he allegedly was instructed...

Second Circuit Orders New Trial in Asbestos Removal Case

Asbestos removal can be a messy business.  Federal statutes such as the Clean Air Act, Toxic Substances Control Act, and Occupational Safety and Health Act, as well as numerous state regulations, create a significant guidance regime that must be complied with to remove discovered asbestos.  For example, OSHA regulations require employers to provide employees performing asbestos...

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