Environmental Insurance Coverage Under CGL, Property, and D&O Policies for PFASs, ESG, NRS, CERCLA, RCRA, OPA and Others

Pollution and Owned-Property Exclusions, Scope of Damages, Property Damage, and Occurrences

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

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Conducted on Tuesday, September 13, 2022

Recorded event now available

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Course Materials

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

Description

Insurance coverage for environmental claims, including claims to recover environmental investigation, cleanup, liability, and defense costs, often raise numerous coverage issues and defenses. Current trends in environmental claims--whether PFAS, ESG, NRD, CERCLA, RCRA, or other claims--present evolving theories of liability and defenses that impact potential coverage under various policies important for counsel, claims professionals, and risk managers to understand.

Although policyholders often seek coverage under general liabilities and environmental insurance policies, they may also seek coverage under property insurance, D&O policies, and other business policies.

Under the growing concerns regarding PFAS and other "forever chemicals, " what constitutes a "pollutant" when a pollution exclusion exists is frequently litigated as well as whether the exclusion bars coverage for liabilities a policyholder did not expect or intend. Counsel must also determine which costs and liabilities are covered damages under a policy.

Listen as our authoritative panel provides counsel with a review of new and emerging trends in environmental claims, potential coverage under various commercial policies, the parameters of critical policy exclusions and defenses, the scope of covered damages, and apportioning damages among insurers and policyholders.

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Outline

  1. Trends in environmental claims
    1. PFAS claims
    2. ESG claims
    3. NRD claims
    4. CERCLA claims
    5. 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

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

Co-Chair Global Insurance Services Practice Group
Hinshaw & Culbertson

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

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