The Environmental Practice Group understands the important role that environmental insurance increasingly plays in allocating environmental risk, facilitating liability transfers, ensuring finite cleanup costs, protecting multiple parties and completing the deal, especially when environmentally impacted properties are involved. Our attorneys negotiate the terms of various types of policies and work with the key insurers, underwriters, brokers and environmental consultants that must coordinate to manage the client's environmental exposure.
Our attorneys have recovered hundreds of millions of dollars for clients' environmental losses, and are 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, the Group has 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 (PLL), cost-cap and finite risk policies.
Our attorneys not only have litigated in state and federal courts in many jurisdictions, but have been counsel of record or represented amici curiae in every important New Jersey Supreme Court decision over the last ten years (see, e.g., Owens-Illinois; Pfizer; Carter-Wallace; Quincy Mutual; Spaulding Composites, and Benjamin Moore). We recently 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.
Because the successful resolution of environmental coverage disputes requires keen technical knowledge, our attorneys have substantial industry and regulatory backgrounds. Scientists and science librarians assist in handling environmental losses of every kind, including those arising from alleged natural resource damages matters, PCBs, contaminated sediments, DNAPLs, abandoned landfills, leaking USTs, radionuclides and other accidental releases of alleged pollutants.