About
Environmental insurance coverage continues to grow and has become a significant piece of business for an increasing number of insurance companies. And, as the product has matured, claims on those policies are being made - and coverage disputes are arising. Even those insurance companies that have limited environmental practices have to grapple with continuing coverage issues stemming from "old" CGL policies - highly complex coverage issues that potentially represent billions of dollars in claims.
At the same time, understanding and obtaining insurance coverage for environmental liabilities is becoming a critical component in the risk management strategy of savvy businesses, especially since increased corporate disclosure has meant that potential environmental liabilities are now much more visible to shareholders, financiers and purchasers.
This publication is an excellent opportunity for time-starved insurance professionals, policy-holders (and those looking into obtaining coverage) and their advisors to get cutting-edge information and practical strategies for resolving coverage issues in EIL and CGL policies. It will cover top issues, such as:
- How PRP letters, suits and administrative actions impact the duty to defend-and the resulting effect on strategies and costs
- Strategies for approaching new NRD claims that have "reawakened" previously resolved hazardous substance liability
- How current mass tort exposures are playing out - and where the next wave may be coming from
Contents & Contributors
NEW PRODUCTS, NEW DEVELOPMENTS: PREPARING FOR THE IMPACT OF CURRENT TRENDS ON ENVIRONMENTAL CLAIMS AND COVERAGE
Adrianne Cronas, Cronas Environmental Consultants
Lynne Miller, Quanta Technical Services
Robert Potter, AIG Environmental
Marcel Ricciardelli, XL Insurance-Environmental
EXCLUDING POLLUTION: 2005
Michael F. Aylward, Morrison Mahoney
DETERMINING THE TRIGGER DATE: INTERPRETATIONAL AND FACTUAL ISSUES
Thomas A. Marrinson, Morgan, Lewis & Bockius LLP
STATE-BY-STATE CASE LAW ON "TRIGGER" ISSUE IN ENVIRONMENTAL COVERAGE CASES
Roger E. Warin, Steptoe & Johnson LLP
PRP LETTERS, SUITS AND ADMINISTRATIVE ACTIONS: WHEN DOES THE DUTY TO DEFEND BEGIN?
Mark B. Seiger, Edwards & Angell LLP
Mary F. Pastorello, Edwards & Angell LLP
DEVELOPMENTS IN MASS TORT LITIGATION
Karen K. Maston, Connelly Baker Maston Wotring Jackson LLP
ADDITIONAL INSURED ISSUES: WHOSE INSURANCE IS IT ANYWAY?
Seth A. Tucker, Covington & Burling
Ray L. Wong, Hancock Rothert & Bunshoft LLP
ALLOCATION OF LOSS
Laura S. Foggan, Wiley Rein & Fielding LLP
ISSUES IN ALLOCATION
Gary Centola, Rivkin Rakler
ENVIRONEMENTAL COVERAGE CONSIDERATIONS IN THE LAND (RE)USE DEAL
Robin Kelliher, Willis Group Holdings
ENVIRONMENTAL INSURANCE COVERAGE AND CLAIMS: RESOLVING ISSUES UNDER EIL AND CGL POLICIES
Andrew N. Davis, LeBoeuf, Lamb, Greene & MacRae LLP
THE POLICY HOLDER'S GUIDE TO BAD FAITH INSURANCE COVERAGE LITIGATION
John N. Ellison, Andreson Kill & Olick, PC
RECENT DEVELOPMENTS IN NATURAL RESOURCE DAMAGES CLAIMS NEW JERSEY
Michael L. Rodburg, Lowenstein Sandler PC
NATURAL RESOURCE DAMAGES: NEW WAVE OF OLD CLAIMS
Steven M. Jawetz, Beveridge & Diamond, PC
INSURANCE COVERAGE FOR NATURAL RESOURCE DAMAGES CLAIMS
Patricia B. Santelle, White and Williams LLP
THE SCOPE OF THE DUTY TO INDEMNIFY
Connie O'Mara
RECOVERING UNDER "OLD" CGL POLICIES: INSURANCE ARCHAEOLOGY THE CRITICAL FIRST STEP
Sheila Mulrennan, Insurance Archaeology Group
UNLEASHING THE VALUE IN LOST OR MISSING INSURANCE POLICIES
Scott P. DeVries, Nossaman Guthner Knox Elliot LLP
Carl L. Blumenstein, Nossaman Guthner Knox Elliot LLP