NEws

Environmental Coverage and Litigation

December 16, 2015

Since the passage of the Superfund Act (CERCLA) in 1980, our environmental practice group has represented London and domestic insurers in counseling and resolving environmental coverage disputes under both “legacy” general liability and umbrella policies, as well as modern environmental coverages. We have been leaders in developing and drafting many of the pollution insurance coverage products available on the market today. We have litigated some of the largest environmental insurance coverage disputes in America from remediation of the largest open copper pit in the United States to cleanup of PCB’s in the Hudson and Housatonic Rivers. Our decades of involvement in these matters provides us with invaluable experience in the efficient handling of extensive documentation and data produced in discovery. We strive to present a focused, thematic case, so that our client’s position is sustained or leads to a successful compromise. Many of these coverage disputes were resolved with innovative settlement vehicles, including policy buyouts, insurer indemnification and other client protections.

Our practice group believes that industry-wide coverage disputes also present industry opportunities. Thus, the lessons we learned from environmental coverage litigation led to our role in drafting and developing environmental insurance products for industry leaders. These products include Pollution Legal Liability, Contractors Pollution Liability and Contractors Operations and Professional Services Liability policies, as well as numerous versions of Time Element/Named Peril Pollution Endorsements and other manuscript pollution endorsements tailored to specific policyholder needs.

D’amato & Lynch, LLP

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