Insurance Coverage Allocation in Environmental Cases: Unavailability of Insurance Exception
This program has been cancelled
A live 90-minute CLE webinar with interactive Q&A
This CLE webinar will guide counsel on the allocation of insurance coverage in environmental cases. The panel will address the rule in pro rata jurisdictions regarding the unavailability of insurance coverage and will discuss the unavailability of insurance exception. The panel will examine the New York Court of Appeals’ recent decision in Keyspan Gas East Corp. v. Munich Reinsurance America, where the court held the insurer did not have to cover environmental remediation costs for the time when pollution insurance was not available in the marketplace. The panel will also analyze pending appeals in New Jersey and Connecticut that address the unavailability of insurance exception.
- Pro rata rule re: insurance coverage
- Unavailability of insurance exception
- New York Court of Appeals’ decision in KeySpan
- Insurance coverage and its allocation for environmental cases going forward
The panel will review these and other critical issues:
- What impact will pro rata allocation have on determining the extent of each parties’ liability for a claim?
- How will the KeySpan decision change the way that insurance coverage is allocated in environmental cases?
- How are the courts applying the unavailability of insurance exception?
O'Melveny & Myers
Mr. Schiavoni, Chair of the firm's Insurance Practice, represents insurance and reinsurance companies in a variety... | Read More
Mr. Schiavoni, Chair of the firm's Insurance Practice, represents insurance and reinsurance companies in a variety of disputes, including bad faith claims and environmental coverage litigation. He has represented carriers in cases in a number of states and has also conducted and assisted in mediations and provided coverage advice to clients to assist them in avoiding disputes without the need for litigation. Mr. Schiavoni participated at trial in the defense of a major environmental coverage action involving multiple parties and claims for coverage exceeding $500 million.Close
to be announced.