Insurance Recovery for Environmental Liability: Occurrences, Triggers, Exclusions and Covered Damages

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


Conducted on Thursday, December 14, 2017

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to counsel for companies seeking insurance recovery for environmental liability. The panel will offer strategies for recovery under general liability and specialized insurance policies.

Description

Environmental liabilities and related costs are a significant threat to the bottom line for a business, and insurance coverage is a crucial source for recovery.

Insurance recovery to offset costs of environmental liability can be complex, and policyholders face several hurdles. Policyholders must determine which policy may cover the liability. The number of occurrences can have a major impact on the total recovery.

Because most policies have limits related to occurrences, the definition of occurrence may determine how many times the insurance policy limits will apply to pay for a loss. Similarly, the number of occurrences may affect the number of deductibles applicable to a given claim.

Companies and their counsel should consider factors such as foreseeable occurrences, exclusions, trigger issues, and covered damages. Counsel should be prepared to counter insurers that try to allocate expenditures to the policyholder, general liability policies with another insurer, or specialized policies for environmental impairment liability, pollution legal liability and remediation cost-cap policies.

Listen as our authoritative panel provides tactics for recovery by policyholders of general liability insurance policies as well as specialized policies. The panel will examine the factors that should be considered, including exclusions and triggers, when evaluating insurance policies for recovery.

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Outline

  1. Considerations for companies and counsel
    1. Whether cleanup costs are covered damages
    2. What exclusions apply
    3. What is property under the care, custody or control of the policyholder
    4. What is a foreseeable occurrence
    5. When does insurance coverage begin and end (trigger issues)
  2. Strategies for recovery
    1. CGL policies
    2. Specialized policies

Benefits

The panel will review these and other key issues:

  • How can policyholders maximize recovery for environmental liabilities?
  • What factors should companies and counsel consider when assessing the potential for insurance recovery?
  • What environmental costs are likely to be treated as covered damages?

Faculty

Horkovich, Robert
Robert M. Horkovich

Managing Shareholder
Anderson Kill

Mr. Horkovich focuses his practice on the area of insurance recovery. He has obtained over $5 billion in...  |  Read More

Merrill, Anthony
Anthony W. Merrill

Shareholder
Polsinelli

Mr. Merrill is a leading member of the firm’s Insurance Recovery Practice and assists clients across the country...  |  Read More

Scott, Kennon
Kennon Scott, Esq.

Stoel Rives

Ms. Scott assists clients in various stages of complex commercial litigation and arbitration. She has experience...  |  Read More

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