Advanced National Forum on

Environmental Insurance Coverage and Claims

Resolving Coverage Issues Under EIL and CGL Policies

Monday, December 05, 2005

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

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



DOCUMENT TYPES: PRESENTATIONS AVAILABLE: 0