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


Tuesday, June 12, 2018

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, May 25, 2018


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.

Description

Listen as our authoritative panel discusses whether and in what circumstances the unavailability of insurance coverage in the market absolves policyholders of responsibility for self-insuring. The panel will discuss the unavailability of insurance exception and the limited nature of the exception. In addition, the panel will examine recent case law and the impact it will have on insurance coverage and its allocation for environmental cases.

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Outline

  1. Pro rata rule re: insurance coverage
  2. Unavailability of insurance exception
  3. New York Court of Appeals’ decision in KeySpan
  4. Insurance coverage and its allocation for environmental cases going forward

Benefits

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?

Faculty

Schiavoni, Tancred
Tancred Schiavoni

Partner
O'Melveny & Myers

Mr. Schiavoni, Chair of the firm's Insurance Practice, represents insurance and reinsurance companies in a variety...  |  Read More

Additional faculty
to be announced.