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

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Conducted on Monday, November 24, 2014

Recorded event now available

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Course Materials

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.

Description

While trends in toxic tort and environmental litigation are continuously evolving, one constant factor in this litigation is insurance coverage. Obtaining appropriate coverage is also one of the key issues in acquiring and redeveloping many commercial and industrial properties.

Primary types of environmental insurance include remediation cost cap, pollution legal liability, and lender environmental insurance. There are advantages and disadvantages of these policies that counsel must evaluate in negotiating new coverage or assessing current coverage for a particular transaction or claim.

Seeking coverage under existing CGL policies requires counsel to navigate the scope of the pollution exclusion. The scope of the CGL pollution exclusion is the subject of much litigation and staying abreast of the case law developments is critical.

Listen as our authoritative panel of attorneys discusses specialty environmental policies, coverage under existing CGL policies, coverage for cleanup costs and site remediation, and negotiating new coverage for acquisition of commercial and industrial property.

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Outline

  1. Current trends in environmental and toxic tort claims
  2. Specialty environmental coverage
    1. Cleanup cost cap (CCC)
    2. Pollution legal liability (PLL)
    3. Combined PLL and CCC
    4. Lender environmental insurance
    5. Other coverage products
  3. Comparison of environmental coverage and CGL coverage
    1. Pollution exclusion
    2. Definition of occurrences
    3. Self-insured retentions
    4. Governmental triggers
  4. 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
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

Insua, Nicholas
Nicholas M. Insua
Partner
McCarter & English

Mr. Insua has focused his practice on insurance coverage litigation and counseling exclusively on behalf of...  |  Read More

Charity O'Sullivan
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

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