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- Title
RECENT COURT DECISIONS.
- Authors
Stempel, Jeffrey W.
- Abstract
The article discusses several recent court decisions involving risk and insurance. In one of the case, Olivine Corporation v. United Capitol Insurance Co., Olivine Corporation owned and operated a waste incineration site. In 1997, it executed a lease-purchase agreement with Clearwater Resource Recovery Inc. Clearwater purchased a one-year claims-made policy from United Capitol. Clearwater paid for the policy through a premium financing arrangement with TEPCO Premium Finance LLC. As part of this process, TEPCO obtained a power of attorney from Clearwater that permitted TEPCO to cancel the policy. Clearwater defaulted on its payments to TEPCO, which acted to cancel the policy, sending notice of intent to cancel to Clearwater. In another case, Cowen Construction Inc. was sued when patients at the kidney dialysis center of the Saint John Medical Center Hospital in Tulsa, Oklahoma, suffered lead poisoning, allegedly because Cowen's work has negligently permitted leached lead to percolate through the venting system of the hospital.
- Subjects
RISK; UNITED Capitol Insurance Co.; OLIVINE Corp. v. United Capitol Insurance Co. (Supreme Court case); INSURANCE; CLEARWATER Resource Recovery Inc.; TEPCO Premium Finance LLC; COWEN Construction Inc.
- Publication
Journal of Risk & Insurance, 2003, Vol 70, Issue 2, p353
- ISSN
0022-4367
- Publication type
Article
- DOI
10.1111/1539-6975.00006