Environmental Insurance Coverage Under CGL, Property and D&O Policies for NRD, CERCLA, RCRA, OPA and Other Claims

Navigating Pollution and Owned Property Exclusions, and Determining Scope of Damages, Property Damage and Occurrences

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


Conducted on Tuesday, September 26, 2017

Recorded event now available

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Program Materials

This CLE webinar will provide counsel with a review of new and emerging trends in environmental claims, potential coverage under various commercial policies, the parameters of key policy exclusions, and the scope of covered damages.

Description

Insurance coverage is a crucial source for recovery of environmental investigation, cleanup, liability and defense costs. Current trends in environmental claims, whether NRD, CERCLA, RCRA or other claims, present evolving theories of liability that impact potential coverage under non-environmental policies.

While CGL coverage is typically used to recover costs and pay for damages from environmental liabilities, property insurance, D&O policies and other business policies may also provide coverage.

Frequently litigated pollution exclusion issues include what constitutes a “pollutant” and whether the exclusion bars coverage for liabilities a policyholder did not expect or intend. Counsel must also wrestle with determining which costs and liabilities will be treated as damages under a policy.

Listen as our authoritative panel guides you through insurance coverage issues for environmental claims, costs, liabilities and damages.

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Outline

  1. Trends in environmental claims
    1. NRD claims
    2. CERCLA claims
    3. RCRA claims
  2. Potential policy coverage
  3. Policy exclusions
  4. Scope of covered damages

Benefits

The panel will review these and other key issues:

  • How can policyholders maximize coverage for environmental liabilities under existing non-environmental insurance policies?
  • What are the latest case law developments regarding the pollution exclusion in CGL policies?
  • What environmental costs are likely to be treated as covered damages?

Faculty

Ira M. Gottlieb
Ira M. Gottlieb

Partner
McCarter & English

Mr. Gottlieb's practice focuses on environmental law, natural resource damages and insurance coverage on...  |  Read More

Horkovich, Robert
Robert M. Horkovich

Managing Shareholder
Anderson Kill

Mr. Horkovich focuses his practice on the area of insurance recovery. He has obtained over $5 billion in...  |  Read More

Seaman, Scott M.
Scott M. Seaman

Partner
Hinshaw & Culbertson

Mr. Seaman's practice focuses on insurance, reinsurance, and commercial law and litigation. He has represented...  |  Read More

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