Zombie Corporations and CERCLA Liability: Identifying, Reviving and Pursuing Zombie PRPs

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


Conducted on Tuesday, April 3, 2018

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will guide counsel on identifying, reviving and pursuing defunct or “zombie” corporations and their insurance assets as a source of funding cleanup of contamination sites. The panel will discuss what to do after identifying zombie candidates, claims evaluation due diligence, litigation trends in these PRP and insurance cost recovery cases, the states where these claims are more likely to be successful, and how to manage and overcome some of the impediments to successful recoveries.

Description

As contamination site cleanup costs continue to rise, attorneys have looked to additional ways to tap into insurance coverage to pay for cleanup, including pursuing zombie corporations to reach their undistributed assets. These often improperly dissolved corporations have undistributed insurance assets that, with the right strategy, can be triggered and monetized to help defray cleanup costs and reduce the potential CERCLA liability of other parties.

Counsel face some hurdles when reviving these corporations and pursuing insurance claims. Counsel must understand what are the undistributed assets, what law applies, when are the corporations truly dead and buried and not subject to suit, how to trigger the insurance coverage, representation of the zombie, and how to manage the costs of PRP and insurance claims.

Listen as our authoritative panel discusses the pursuit of zombie corporations and their insurance assets and how to manage the claims for success.

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Outline

  1. Identifying and reviving zombie corporations
  2. How courts are treating zombie corporations in CERCLA litigation
  3. Hurdles companies and their counsel face when pursuing zombie corporations

Benefits

The panel will review these and other key issues:

  • Does a zombie corporation have the capacity to be sued?
  • Can a party that is not an additional insured tap into the insurance policy?
  • How have the courts treated the issue of reviving and suing zombies for insurance assets?

Faculty

Ashton , David
David Ashton
Assistant General Counsel
Port of Portland

Mr. Ashton specializes in environmental, natural resources and land use issues related to Port aviation, marine and...  |  Read More

Dunn, Loren
Loren R. Dunn

Principal
Beveridge & Diamond

Mr. Dunn represents regional and national companies at locations throughout the country in environmental regulation and...  |  Read More

Rycewicz, Christopher
Christopher A. Rycewicz

Northwest Resource Law

Mr. Rycewicz focuses his practice on environmental and natural resources issues, pursuing insurance claims for...  |  Read More

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