Tenants Beware: Follow EPA’s new guidance or succumb to environmental liabilities?
Often overlooked, commercial real estate tenants, like buyers, should undertake environmental assessments before entering leases. Tenants are title holders just like buyers. Thus, they face succumbing to potentially expensive clean-up liabilities far exceeding a real estate tract or lease’s value. Skipping this pre-lease process can be disastrous. With so many landlords having financially failed over the “Great Recession”, the EPA…
The Pollution Exclusion in Indiana
Indiana insureds seeking coverage for environmental claims have long been the beneficiary of court decisions favoring the insured by holding that pollution exclusions are unenforceable in the State of Indiana. In the March 2012 State Auto. Mut. Ins. Co. v. Flexdar, Inc., 2012 Ind. LEXIS 47 (Ind. 2012) decision, the Indiana Supreme Court, applying a literal analysis of the pollution…
