This CLE course will provide counsel with a review of current and emerging trends in environmental claims, potential coverage under various commercial policies, the parameters of critical policy exclusions, and the scope of covered damages.
Insurance coverage for environmental claims, including claims to recover environmental investigation, cleanup, liability, and defense costs, often raises numerous coverage issues and defenses. Current trends in environmental claims--whether PFAS, ESG, NRD, CERCLA, RCRA, or other claims--present evolving theories of liability and defenses that impact potential coverage under various policies important for counsel, claims professionals, and risk managers to understand.
Although policyholders often seek coverage under general liabilities and environmental insurance policies, they may also seek coverage under property insurance, D&O policies, and other business policies.
Under the growing concerns regarding PFAS and other "forever chemicals," what constitutes a "pollutant" when a pollution exclusion exists is frequently litigated as well as whether the exclusion bars coverage for liabilities a policyholder did not expect or intend. Counsel must also determine which costs and liabilities are covered damages under a policy.
Listen as our authoritative panel provides counsel with a review of new and emerging trends in environmental claims, potential coverage under various commercial policies, the parameters of critical policy exclusions and defenses, the scope of covered damages, and apportioning damages among insurers and policyholders.
