The Insurance Coverage Team has recovered hundreds of millions of dollars for clients’ environmental losses and is actively pursuing hundreds of millions more for policyholders with sites across the country and abroad. While many of these claims fall within the scope of general liability policies, we have successfully prosecuted claims under environmental impairment liability and truckers insurance policies, and also counseled clients concerning Price-Anderson Act "facility forms" and pollution legal liability, cost-cap and finite risk policies.
The Insurance Coverage Team experience has depth and breadth. We not only have litigated in state and federal courts in Texas, Colorado, New York, Pennsylvania, Indiana, Ohio, Kentucky, California and Illinois, but we have been counsel of record or represented amici curiae in every New Jersey Supreme Court decision of moment over the last ten years (see, e.g., Owens-Illinois; Pfizer; Carter-Wallace; Quincy Mutual, Spaulding Composites, and Benjamin Moore and Sealed Air.)
For example, a multidisciplinary legal team, which includes insurance coverage, environmental, and bankruptcy attorneys, represents Lone Star concerning claims by private parties regarding claims arise from U.S. EPA, Federal, State and Tribal Trustees’ assertions of hundreds of millions of dollars in clean-up costs and damages. The matter involves issues regarding the enforcement and effect of prior bankruptcy discharges, plaintiffs’ claims to avoid bankruptcy, plaintiffs’ claims to potentially reach insurance, insurance carriers efforts to thwart plaintiffs’ claims through bankruptcy and the rights of various parties to obtain recovery from Lone Star. The matter has spawned litigation in bankruptcy, federal and state courts.
The Coverage Team also settled (during trial) significant coverage issues for G-I Holdings Inc. and its affiliates relating to insurance for past and future remediation costs for over 140 environmental sites located throughout the United States.
The Insurance Coverage Team likewise convinced a New Jersey court to apply, over insurers’ objection, the allocation law of the waste site in a multi-state, multi-site environmental coverage action. The court’s ruling was the nation’s first and most comprehensive allocation choice-of-law decision.
Cutting edge coverage issues continue to arise in climate change litigation. The Insurance Coverage Team is counseling nationally operating utilities regarding protecting itself from such litigation and their coverage rights.
Because the successful resolution of environmental coverage disputes requires keen technical knowledge, the Insurance Coverage Team includes attorneys with substantial industry and regulatory backgrounds. Scientists and science librarians assist in handling environmental losses of every kind, including ones arising from alleged natural resource damages matters, PCBs, contaminated sediments, DNAPLs, abandoned landfills, leaking USTs, radionuclides and other accidental releases of alleged pollutants.