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

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, June 20, 2017
Recorded event now available

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.


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Program Materials

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Program Materials

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CLE Credits

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Customer Reviews

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

J. Thomas Carrato

Monsanto Company

Clearly had right speakers for this seminar.

Greg DeGulis

McMahon DeGulis

The content was very helpful and the presenters clearly knew the subject matter inside and out.

Nicole Squires

Chapman and Cutler

The seminar was very informative and the speakers provided great handouts that will be a great reference tool in the future.

Michelle Rosenthal

Garvey Schubert Barer

I liked the breadth and overview of trends in case law and claims/defenses.

Donald J. Moran

Pedersen & Houpt

Environmental Law Advisory Board

John J. Allen


Allen Matkins

Albert M. Cohen


Loeb & Loeb

Aaron Courtney


Stoel Rives

Andrew N. Davis


Shipman & Goodwin

David R. Gillay


Barnes & Thornburg

Brian D. Israel


Arnold & Porter Kaye Scholer

Thomas J. P. McHenry


Gibson Dunn & Crutcher

James B. Slaughter


Beveridge & Diamond

Jeffrey A. Smith

Senior Counsel

Sidley Austin

E. Gail Suchman

Special Counsel

Stroock & Stroock & Lavan

Gregory D. Trimarche

Senior Counsel

Ring Bender

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