Construction Pollution Insurance Coverage

Analyzing Coverage Under Contractors Pollution Liability Policies, Navigating Pollution Exclusions in CGL and PL Policies

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, March 1, 2016

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide construction counsel with an understanding of the scope of insurance coverage and definition of policy exclusions for pollution damages arising from construction activities, products and debris. The program will review of the scope of varying forms of the pollution coverage in CGL, PL and CPL policies as well as the differing court interpretations of the pollution exclusion, and provide best arguments for owners, contractors and insurers to either avoid or maximize coverage.

Description

Construction activities routinely involve the disposal of solvents, fuels and chemicals that may fall within the pollution exclusions of the contractor’s CGL and PL policies. Hidden pollution exposures include contaminated fill dirt, buried wastes, asbestos and lead paint. Other activities such as noxious odors and dust creation may interfere with the owner’s right to enjoy their property resulting in a nuisance action against the contractor.

The pollution exclusion in CGL and professional liability policies is one of the more heavily litigated issues in construction 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.

Contractors pollution liability (CPL) policies may be appropriate for certain projects where environmental hazard risks are high. Contractors may also be required to purchase such coverage by contractual mandates.

Listen as our authoritative panel of construction practitioners discusses insurance coverage for pollution damages arising from construction activities, products and debris. The panel will review varying forms of the pollution coverage in CGL, PL and CPL policies as well as the differing court interpretations of the pollution exclusion.

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Outline

  1. Pollution exclusions in CGL and PL policies
  2. Scope of coverage and exclusions in pollution legal liability policies
  3. Risk allocation for liability arising from subcontractor actions
  4. Recent case law developments

Benefits

The panel will review these and other key issues:

  • How do courts make the distinction between traditional and nontraditional sources of pollution?
  • How has the pollution exclusion been applied in the context of construction debris?
  • What is the scope of coverage under CPL policies?

Faculty

Harckham, Finley
Finley T. Harckham

Shareholder
Anderson Kill

Mr. Harckham regularly represents and advises corporate policyholders in insurance coverage matters. He has...  |  Read More

Brian Margolies
Brian Margolies

Partner
Traub Lieberman Straus & Shrewsberry

Mr. Margolies’ practice is devoted exclusively to insurance issues, primarily involving pollution, professional...  |  Read More

Peter J. Mintzer
Peter J. Mintzer

Partner
Selman Breitman

Mr. Mintzer represents insurers in complex insurance coverage matters, particularly in the areas of environmental,...  |  Read More

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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