Insurance Coverage for Environmental and Toxic Tort Claims: Determining Coverage for Cleanup and Third-Party Liability

Evaluating Cleanup Cost Cap, Pollution Legal Liability, Combined PLL and CCC, Lender Environmental Insurance, and More

A live 90-minute CLE webinar with interactive Q&A

Tuesday, June 20, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, May 26, 2017

This CLE webinar 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 the acquisition of commercial and industrial property.


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 the acquisition of commercial and industrial property.


  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


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?


Michael L. Duffy, Partner
Clausen Miller, Chicago

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.

Nicholas M. Insua, Partner
McCarter & English, Newark, N.J.

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).

Charity O'Sullivan, Senior Vice President
JLT Specialty USA, Los Angeles

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.

Live Webinar

Live Webinar $247.00

Includes Early Discount Savings of $50.00 (through 05/26/17)

Add a colleague on the same connection in the same room for only $97.00 in the shopping cart or by calling customer service.

This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $247.00
Available 48 hours after the live event

Includes Early Discount Savings of $50.00 (through 05/26/17)

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Recorded Event

Includes full event recording plus handouts (available after live webinar).

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email to place your order.

Recorded Webinar Download $247.00
Available 48 hours after the live event

Includes Early Discount Savings of $50.00 (through 05/26/17)

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Recorded Audio Download (MP3) $247.00
Available 24 hours after the live event

Includes Early Discount Savings of $50.00 (through 05/26/17)

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DVD (Slide Presentation with Audio) $247.00 plus $9.45 S&H
Available ten business days after the live event

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Registration Plus Recorded Event

Best value!

Live Webinar & Webinar Download $344.00

Includes Special Savings of $250.00 (through 05/26/17)

Live Webinar & Audio Download $344.00

Includes Special Savings of $250.00 (through 05/26/17)

Live Webinar & DVD $344.00 plus $9.45 S&H

Includes Special Savings of $250.00 (through 05/26/17)


Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Early Registration
Discount Deadline
May 26, 2017
(about 2 hours)

or call 1-800-926-7926

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CLE Credits By State

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or call 1-800-926-7926

Customer Reviews

I liked that the presentation was in-depth with useful information and provided excellent written materials.

Dan J. Jordanger

Hunton & Williams

The presentations were excellent and timely, and I thought the Q&A was very good.

J. Thomas Carrato

Monsanto Company

I liked the practical nature of the materials and use of examples and case summaries.

Allison Edgar

Parker Poe Adams & Bernstein

The quality of Strafford's speakers is consistently very good.

AnnMarie Sanford

Pepper Hamilton

The case study approach was extremely helpful and interesting on this timely topic.

Van Hilderbrand

Sullivan & Worcester

or call 1-800-926-7926

Environmental Law Advisory Board

John J. Allen


Allen Matkins

Albert M. Cohen


Loeb & Loeb

Aaron Courtney

Of Counsel

Stoel Rives

Andrew N. Davis


Shipman & Goodwin

David R. Gillay


Barnes & Thornburg

Paul E. Gutermann


Akin Gump Strauss Hauer & Feld

Brian D. Israel


Arnold & Porter

Thomas J. P. McHenry


Gibson Dunn & Crutcher

Reed D. Rubinstein


Dinsmore & Shohl

James B. Slaughter


Beveridge & Diamond

Jeffrey A. Smith


Crowell & Moring

E. Gail Suchman

Special Counsel

Stroock & Stroock & Lavan

Gregory D. Trimarche


Wrenn Bender

or call 1-800-926-7926

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