3rd Advanced National Forum on

Environmental Insurance Claims and Litigation

Resolving Complex Coverage Issues Under EIL and CGL Policies

Thursday, January 25, 2007

About

Storms. Spills. Environmental Investigations and Cleanups. Who Will Pay?

Whether you are fighting over liability, costs and damages in the context of "old" CGL policies or newer EIL policies, you know the stakes are high and that, to get the best result for your client, you'll need to know all the ins and outs of litigating complex claims that in many cases can eventually be worth billions of dollars.

Savvy litigators need all the tools possible at their disposal to strategize so you can get the best result for your client whether it's obtaining maximum recovery under a policy, or deflecting liability and minimizing costs.

This publication is an excellent resource for time-starved insurance professionals, policy-holders and legal advisors to get cutting-edge information and practical strategies for resolving coverage issues in EIL and CGL policies. In one convenient publication, top experts in the environmental insurance arena will give you valuable practical information on:

  • Recovery under EIL Vs. "old" CGL policies: Critical differences in approach and strategy
  • Allocating damages in the context of set-off and settlements: Proven strategies and pitfalls to avoid
  • Assessing coverage and claims in disaster situations
  • Dealing with the absolute pollution exclusion in the face of conflicting advice of state and federal courts in numerous jurisdictions

Contents & Contributors

About

Storms. Spills. Environmental Investigations and Cleanups. Who Will Pay?

Whether you are fighting over liability, costs and damages in the context of "old" CGL policies or newer EIL policies, you know the stakes are high and that, to get the best result for your client, you'll need to know all the ins and outs of litigating complex claims that in many cases can eventually be worth billions of dollars.

Savvy litigators need all the tools possible at their disposal to strategize so you can get the best result for your client whether it's obtaining maximum recovery under a policy, or deflecting liability and minimizing costs.

This publication is an excellent resource for time-starved insurance professionals, policy-holders and legal advisors to get cutting-edge information and practical strategies for resolving coverage issues in EIL and CGL policies. In one convenient publication, top experts in the environmental insurance arena will give you valuable practical information on:

  • Recovery under EIL Vs. "old" CGL policies: Critical differences in approach and strategy
  • Allocating damages in the context of set-off and settlements: Proven strategies and pitfalls to avoid
  • Assessing coverage and claims in disaster situations
  • Dealing with the absolute pollution exclusion in the face of conflicting advice of state and federal courts in numerous jurisdictions

Contents & Contributors


RESERVATION OF RIGHTS AND THE DUTY TO DEFEND: CHANGING LAW, CHANGING STRATEGIES
Michael F. Aylward, Morrison Mahoney LLP (Boston, MA)

SUCCESSOR LIABILITY: DEALING WITH THE ABSENCE OF CLARIFICATIONOF COVERAGE BEFORE TRANSFER
David A. Schaefer, McCarthy, Lebit, Crystal & Liffman Co, LPA (Cleveland, OH)

SUCCESSOR LIABILITY: DEALING WITH THE ABSENCE OF CLARIFICATION OF COVERAGE BEFORE TRANSFER
Mark B. Seiger, Edwards Angell Palmer & Dodge LLP (Hartford, CT)

RECOVERY UNDER EIL VS. "OLD" CGL POLICIES: CRITICAL DIFFERENCES IN APPROACH AND STRATEGY
Seth A. Tucker, Covington & Burling (Washington, DC)
Lawrence Levy, Rivkin Radler (Uniondale, NY)

DISCOVERY IN THE ENVIRONMENTAL INSURANCE COVERAGE DISPUTE
Patricia B. Santelle, White and Williams LLP (Philadelphia, PA)

NATURAL RESOURCE DAMAGES CLAIMS
Ira M. Gottlieb, McCarter & English (Newark, NJ)

NUMBER OF OCCURRENCES AND COVERAGE TRIGGERS: SHAPING YOUR ARGUMENT TO PREVAIL
Walter J. Andrews, Hunton & Williams (McLean, VA)

ALLOCATING DAMAGES IN THE CONTEXT OF SET-OFF AND SETTLEMENTS: PROVEN STRATEGIES AND PITFALLS TO AVOID
Norman J. Golub, Marshall, Conway & Wright PC (Jersey City, NJ)

ALLOCATING DAMAGES IN THE CONTEXT OF SET-OFF AND SETTLEMENTS: PROVEN STRATEGIES AND PITFALLS TO AVOID
Paul S. Ryerson, Jones Day (Washington, DC)

STATE BY STATE SURVEY OF ABSOLUTE AND TOTAL POLLUTION EXCLUSION CASES OUTSIDE THE CONTEXT OF INDUSTRIAL POLLUTION OF THE ENVIRONMENT
Thomas F. Quinn, Wilson Elser Moskowitz Edelman & Dicker LLP (Newark, NJ)
Roger E. Warin, Steptoe & Johnson LLP (Washington, DC)

ABSOLUTE POLLUTION EXCLUSION: HOW NEW KEY DECISIONS ARE AFFECTING LITIGATION NOW
Thomas F. Quinn, Wilson Elser Moskowitz Edelman & Dicker LLP (Newark, NJ)
Roger E. Warin, Steptoe & Johnson LLP (Washington, DC)

TRYING THE CASE: PRACTICAL STRATEGIES FOR PREVAILING IN THE COURTROOM
Mary Rose Alexander, Latham & Watkins (Chicago, IL)
Thomas A. Marrinson, Morgan, Lewis & Bockius LLP (Chicago, IL)

ASSESSING COVERAGE AND CLAIMS IN DISASTER SITUATIONS
Shelley H. Provosty, Montgomery, Barnett, Brown, Read, Hammond & Mintz LLP (New Orleans, LA)



DOCUMENT TYPES: PRESENTATIONS AVAILABLE: 0