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Insurers Are Subject to Liability Arising from Hydraulic Fracturing in New York under Direct-Action Statute

The National Forum for Environmental & Toxic Tort Issues (FETTI): Summer/Fall 2012 Case Law Update Newsletter

September 2012

In the article, Carl Pernicone (Partner-New York) and Robert Sullivan (Associate-White Plains) address how various parties related to hydraulic fracturing in New York – drilling companies, contractors and property owners who lease land for fracking, and the insurers of all of these parties – could face liability under the New York Navigation Law. The “Nav Law” sets forth a comprehensive plan for petroleum spill and discharge prevention, control and compensation in New York.

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