Insurance Coverage for Environmental and Toxic Tort Claims
Determining Scope of Coverage for Cleanup, Remediation and Third-Party Liability
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide environmental and insurance counsel with information on environmental insurance policies, coverage under CGL policies and the scope of the pollution exclusion, and coverage for cleanup and site remediation. The panel will discuss negotiating new coverage for acquisition of commercial and industrial property.
Outline
- Current trends in environmental and toxic tort claims
- Specialty environmental coverage
- Cleanup cost cap (CCC)
- Pollution legal liability (PLL)
- Combined PLL and CCC
- Lender environmental insurance
- Other coverage products
- Comparison of environmental coverage and CGL coverage
- Pollution exclusion
- Definition of occurrences
- Self-insured retentions
- Governmental triggers
- Negotiating new coverage for acquisition and redevelopment of commercial and industrial properties
Benefits
The panel will review these and other key issues:
- What are the most recent trends in toxic tort and environmental litigation?
- What are the latest case law developments regarding the pollution exclusion in CGL policies?
- What are the possible transactional uses for new environmental insurance products?
Faculty

Michael L. Duffy
Partner
Clausen Miller
Mr. Duffy focuses his practice on insurance coverage and defense, and has extensive litigation experience. He has... | Read More
Mr. Duffy focuses his practice on insurance coverage and defense, and has extensive litigation experience. He has represented the interests of national and international insurers in complex coverage matters involving environmental damage and government regulation violations at manufacturing facilities, former manufactured gas plants and hydroelectric facilities, and in actions involving asbestos-related claims and the Telephone Consumer Protection Act, among others.
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Nicholas M. Insua
Partner
McCarter & English
Mr. Insua has focused his practice on insurance coverage litigation and counseling exclusively on behalf of... | Read More
Mr. Insua has focused his practice on insurance coverage litigation and counseling exclusively on behalf of policyholders for over 12 years. He handles matters involving numerous types of policies and underlying claims. When necessary, Mr. Insua also manages all phases of litigation up to and including trial. He is the co-author of the book, Business Income Insurance Disputes (Aspen, 2006).
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Charity O'Sullivan
Senior Vice President
Marsh USA
Ms. O’Sullivan is a Client Executive specializing in Real Estate and Environmental Risks. Her environmental... | Read More
Ms. O’Sullivan is a Client Executive specializing in Real Estate and Environmental Risks. Her environmental consulting experience has provided her with the opportunity to be party to complex real estate transactions, due diligence efforts, and unique mergers and acquisitions. She has been in the insurance industry for over 15 years, having developed expertise in loss control, underwriting and brokerage placement and advisory.
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