Pollution Exclusion in CGL Policies
Navigating Scope of the Exclusion in Light of Differing Court Interpretations
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Thursday, July 12, 2012
Recorded event now available
This CLE webinar will provide insurance counsel with a review of the scope of varying forms of the pollution exclusion clause in CGL policies, the differing court interpretations of the exclusion, and best arguments for insurers and policyholders for either avoiding or maximizing coverage.
Description
The pollution exclusion in CGL policies is one of the more heavily litigated issues in environmental coverage claims. Courts wrestle with the distinctions between traditional and nontraditional pollution, with little unanimity among courts on whether the total pollution exclusion applies to nontraditional pollution.
The pollution exclusion has also been front and center in Chinese drywall litigation. Currently, there is no clear legal guidance on the application of the pollution exclusion to Chinese drywall liabilities under CGL policies.
Very recent case law on the pollution exclusion covers the spectrum. Judge Posner for the U.S. 7th Circuit Court of Appeals issued a pro-insurer ruling (based on Illinois law), while the Indiana Supreme Court ruled that the absolute pollution exclusion is inherently ambiguous and therefore unenforceable.
Listen as our authoritative panel of practitioners discusses the scope of the pollution exclusion in CGL policies, the most recent case law developments, and perspectives for both insurers and policyholders arguing the applicability of the exclusion.
Outline
I. Pollution exclusion provision language
II. Traditional pollution v. nontraditional pollution
III. Recent case law developments
IV. Chinese drywall litigation update
Benefits
The panel will review these and other key questions:
- How do courts make the distinction between traditional and nontraditional sources of pollution?
- How has the pollution exclusion been applied in the context of vapor intrusion claims?
- What are the most recent developments in applying the pollution exclusion to damages caused by Chinese drywall?
Faculty
Carl A. Salisbury, Partner
Kilpatrick Townsend & Stockton, New York
He has more than 20 years experience in the litigation and trial of complex commercial disputes and complex commercial insurance cases. He has helped corporate policyholders recover for insurance claims involving environmental pollution, workplace discrimination, bodily injuries and property damage, mold contamination, construction defects, and a variety of other commercial disputes.
Louis A. Chiafullo, Partner
McCarter & English, Newark, N.J.
His practice involves complex civil and commercial litigation, with an emphasis on insurance coverage disputes on behalf of policyholders. He has counseled clients on and litigated matters involving insurance coverage for environmental property damage, products liability, business interruption, advertising injury, D&O liability, E&O, employers' liability, computer crime and fraud issues.
Jonathan T. Viner, Partner
Bates Carey Nicolaides, Chicago
He is a partner who practices in the areas of insurance litigation advising and defending insurers on a wide range of coverage issues and insurance counseling and risk management.
Ordering
Online CLE - Audio Recording
Includes streaming audio of full program plus handouts (available 24 hours after live program).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, MO, MT, TX*, VT, WA.
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Online CLE Audio $297.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID*, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)
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Available three business days after the live event
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plus $9.45 S&H
Available ten business days after the live event
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Available 24 hours after the live event
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Available ten business days after the live event
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Customer Reviews
One of the best CLEs outside my firm that I have attended in a long time. The materials and the dual perspectives were great and the comments on one another's presentations were very instructive.
Lisa Taylor Hudson
Sands Anderson Marks & Miller
First rate program. I have been practicing for over 25 years and this was the most instructive seminar I've attended in several years.
Roman Petyk
Univ. of Pennsylvania (not Penn State)
I appreciated that the content provided a useful summary of the law in different jurisdictions.
Robert W. DiUbaldo
Edwards Angell Palmer & Dodge
The subject was presented in an accessible fashion, and the question and answer session was one of the best I've attended. The Strafford speakers were well-informed and provided information to enable listeners to effectively research specific issues.
Tricia Le Meur
Phillips Parker Orberson & Arnett
Strafford's program was lively and interesting.
Julie Zando-Dennis
Carroll McNulty Kull
Insurance Law Advisory Board
Partner
Farella Braun + Martel
Partner
Nelson Levine deLuca & Horst
Counsel
Reed Smith
Partner
Chamberlin, Keaster & Brockman
Partner
Whiteford Taylor Preston
Partner
Clyde & Co.
Partner
Barger & Wolen
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