Pollution Exclusion in CGL Policies: Clarifying the Exclusion to Avoid Litigation and Coverage Gaps
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide insurance counsel through the many different forms of "pollution exclusion" clauses in commercial general liability (CGL) policies, explore why they exclude many types of losses not caused by hazardous materials, review differing court interpretations of the exclusion, and offer best arguments for insurers and policyholders for either avoiding or maximizing coverage.
Outline
- Pollution exclusion provision language
- Traditional pollution vs. nontraditional pollution
- Recent case law developments
Benefits
The panel will review these and other significant questions:
- How do courts make the distinction between traditional and nontraditional sources of pollution?
- What are the most recent developments in applying the pollution exclusion to damages?
Faculty
John T. Harding
Attorney
McAngus Goudelock & Courie
Mr. Harding has more than thirty years of legal experience in the areas of insurance coverage litigation,... | Read More
Mr. Harding has more than thirty years of legal experience in the areas of insurance coverage litigation, reinsurance disputes and arbitrations and bad faith litigation. He represents domestic and foreign insurers on a national basis in coverage disputes under CGL, excess, umbrella, commercial property, homeowners, auto and other specialized policies. Mr. Harding's experience includes the handling of claims arising out of underlying environmental, asbestos, products, pharmaceutical, medical device, employment discrimination, technology, construction, tort and other liabilities, as well as a range of first-party losses. He has represented both the ceding company and the reinsurer side, as well as extensive experience in trying complex cases to juries and courts, including a number of multi-phased proceedings. Additionally, Mr. Harding has managed numerous appeals in both state and federal courts across the nation, addressing pivotal legal matters central to contemporary coverage litigation. He has also been involved in several Bermuda form arbitrations in New York and London.
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Daniel J. Healy
Partner
Brown Rudnick
Mr. Healy is a seasoned trial attorney with more than 20 years of extensive courtroom experience in courts across... | Read More
Mr. Healy is a seasoned trial attorney with more than 20 years of extensive courtroom experience in courts across the country. He represents policyholders seeking insurance coverage and has successfully obtained coverage under numerous policy types, working with clients from a variety of industries, including technology companies, financial consultants, manufacturers, railroads, banks, financial service providers, retailers, medical service providers, and food and beverage providers. In addition, Mr. Healy regularly represents clients in disputes involving intellectual property rights and in proceedings before the U.S. Patent and Trademark Office. He has negotiated copyright and trademark resolutions, including licensing agreements, involving state, federal and international intellectual property rights. Mr. Healy is the author of Cyber Insurance Claims, Case Law, and Risk Management, a leading treatise on cyber insurance. He sits on Law360’s editorial board for Insurance Authority Specialty Lines and is a member of the American College of Coverage Counsel and is listed as a SuperLawyer as well as in Who’s Who in America. Mr. Healy is ranked as a leading insurance litigator by Best Lawyers, and Lawyer of the Year for Insurance Litigation in 2023.
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