John G. Nevius is a
senior shareholder in the New York office of
Anderson Kill and Chair of the
Environmental Law Group. He has
and litigated a
variety of legal and technical matters,
most of which involve insurance
coverage. He has obtained over
$200 million in settlements and
judgments from insurance companies.
He also has represented
numerous Fortune 500 companies and has extensive experience trying
or arbitrating complex disputes,
generally on behalf of policyholders, in
the following areas: environmental,
real estate, construction,
power-generation, mining, electronics, petro-chemical, telecommunications and work-place safety.
Mr. Nevius has a
broad range of legal experience, but
focuses on environmental
insurance and risk management, including general liability,
pollution legal liability (PLL), finite risk,
financial assurance and so-called
pollution exclusions. Mr. Nevius is
co-author with the late Eugene R. Anderson of a
treatise on Brownfields Law and Practice
involving clean up and redevelopment of
contaminated real estate using insurance. He is
routinely retained by policyholders,
developers and other lawyers to
evaluate, and maximize, recovery of
insurance assets. He
is also a Senior Consultant at Anderson
Kill Insurance Services (AKIS), a
non-legal subsidiary of the firm as well
as an Adjunct Professor of Law at Pace
University where he teaches
Science for Environmental Lawyers and
conducts a Climate-Change
Mr. Nevius has a J.D. from Pace
concentration in environmental law. He
has Masters degrees in Civil/Systems
Engineering as well as Geology from the
and a B.S. in
Geology/Geophysics from the
Mr. Nevius is a Registered Professional
Engineer (PE 045229E) and was a Senior
Project Manager/Hydrogeologist at the
U.S. EPA for more than 8 years.
He has written and
lectured widely on insurance coverage
and environmental issues, including
Brownfields and clean-up provisions of
federal and state environmental laws
(generally RCRA and CERCLA a/k/a
Superfund). At EPA, he
provided technical and enforcement
support to Region
Criminal Enforcement Branch, the
Inspector General and the FBI.
Mr. Nevius is the author of two
Records of Decision (RODs), has
testified as an expert witness in
federal court and received an EPA
National Excellence in RCRA Enforcement
award and a Bronze Medal.
Since 2010, Mr. Nevius has been selected by his peers to
SuperLawyers for Insurance
In 2010, Mr. Nevius was also selected
for the Editorial Board of the
Environmental Claims Journal.
Mr. Nevius has represented numerous
corporations, including such household
names as American Standard, Arcadis,
Electronics, Brooks Brothers, Clorox
(First Brands), Cyprus Amax Minerals,
DynCorp, Ford Aerospace, Freeport McMoRan, Henry Schein,
Jacobs Engineering, Murphy Oil, PPM
Pulte Homes, Purdue Pharma, Reynolds
Metals, Samsung, Savin, Sbarros, Sprint,
Sun Micro-Systems, Tektronix,
Instruments, Textron, Thiokol,
TransCanada, Veris Gold Corp., Waste
Management and Weyerhaeuser. Mr.
Nevius has also represented the State of
the Canadian provincial Government
the Village of Millbrook, NY, and the
City of Holland, MI, as well as several Brownfield developers
and lenders, including Commerce Bank,
Valley National Bank and JP Morgan Chase.
Major Cases, Trials and Arbitrations
Mr. Nevius has been directly
involved in obtaining favorable outcomes
for policyholder clients in the
Chubb Custom Ins. Co. v. Space
Systems/Loral et al., 710 F.3d 946
(9th Cir. 2013) cert den., 134 S.
Ct. 906 (January 13, 2014)
(Environmental Coverage CERCLA
Nat’l Union, ACE INA and Arch, etc. v.
TransCanada Energy USA, Inc. and ATC
Ravenswood Services Corp.,
Index No. 650515/2010 (NY Sup., NY Co.
2010); and TC Ravenswood, LLC v.
Nat’l Union, Factory Mutual, et al.,
Index No. 400759/2011 (NY Sup., Quns.
Co. 2011) (Steam Turbine Business
Interruption and Property Damage
NA Dulles Real Estate Investors, LLC
v. Chicago Title Insurance Company,
Index No. 10-44582 (Dist. Ct., Suffolk
County) (filed January 31, 2011) (Real
Estate-Development Dispute Involving
Access and Title Insurance)
Triangle Aviation Services, Inc. v.
Fenley & Nicol Environmental, Inc.,
Docket No. 600228/2010 (N.Y. Sup. Ct.
Nassau Cty.) (filed March 31, 2010) (Environmental
Sprague Energy Corp. v. American Home
Assurance Company, a wholly owned
subsidiary of American International
Group, Inc. ("AIG"), a/k/a American
International Underwriters ("AIU"),
Civ. Action No. 1:09-cv-01136 (AWT) (D.
Conn) (filed July 20, 2009)
(Environmental Insurance Coverage
Queenstake Resources U.S.A., Inc. v.
American Int’l Specialty Lines Ins. Co.
Civil Action No. 07-CV-00148 (D. Colo.
filed January 19, 2007) (International
Arbitration – Mine Financial Assurance)
Arrow Electronics, Inc. v.
Aetna Cas. & Sur. Co., et al., Case
No. BC342044 (Cal. Super.,
October 26, 2005)
(Environmental Coverage Action – General
Benenson v. Mass. Mut. Financial
Group, (Cal. Super. Ct., Los Angeles
Cty., No. BC 296920) (filed November 3,
2004) (Life Insurance Dispute)
Tensolite Co. v. Flextronics Int’l
Ltd., Scanfil Oy and Nokia, Inc.,
Civil Action No. 03-CV-9675 (S.D.N.Y.
filed December 5, 2003)
(International Arbitration –
Employers Ins. of Wausau v.
Tektronix, Inc., No. CCV 9908032
(August 2002) (Environmental Coverage
Trial – General and Environmental
Waste Management, Inc. v. Admiral
Ins. Co., et al, Docket No.
HUD-L-931-92 (N.J. Super.,
(November – December 2001)
(Environmental Coverage Trial)
ZRZ Realty Co., et al. v. Beneficial
Fire & Cas.
Circuit Court No. 9708-06226 (Or. Cir.,
(October – December 1999) (Environmental
Cascade Corp. v. American Home Assur.
No. 9205-03083 (Or. Cir.,
(July – October 1998) (Environmental
Published Legal Decisions
Mr. Nevius has represented clients
in the following reported decisions:
National Union Fire Ins. Co. of
Pittsburgh, Pa. v. TransCanada Energy
USA, Inc., 119 A.D.3d 492 (1st Dep’t
July 31, 2014), lv dismissed,
Nos. 650515-2010 & 700459-2011, 2014
N.Y. LEXIS 2884 (Oct. 21, 2014) (pre-denial
documents prepared by coverage-litigation counsel
during course of
claim handling are discoverable)
Chubb Custom Ins. Co. v. Space
Systems/Loral, Inc.; Ford Motor Co., et
al., 710 F.3d 946 (9th Cir. 2013),
cert den. 134 S. Ct. 906 (2014)
(January 13, 2014) (Supreme Court upheld
successful argument before the Ninth
Circuit: environmental insurance companies
are not CERCLA "PRPs" for purposes of subrogation
against other clean-up participants)
ZRZ Realty Co. v. Beneficial Fire and
Casualty Ins. Co., et al.,
222 Or. App. 453, 194 P.3d 167 (Oct. 1,
2008), modified 225 Or. App. 257, 201
P.3d 912 (Jan. 14, 2009) (Coverage for
environmental liability and
Federal Ins. Co. v. Samsung
Electronics Am., Inc., et al., 268
S.W.3d 506 (Tex. 2008) (Duty to defend
against alleged telecommunications
Employers Ins. of
v. Tektronix, Inc.,
211 Or. App. 485 (2007) (Coverage and
fees for environmental liabilities)
Cascade Corp. v. Am. Home Assurance
Co., et al., 206 Or. App.1 (2006)
Hold Bros., Inc., et al. v.
Cas. Ins. Co.,
Case No. 04 Civ. 7223 (SAS) (S.D.N.Y.,
Jan. 27, 2005) (Business interruption
claims arising from 9/11)
Pulte Home Corp. v. Fidelity and
Guar. Ins. Co., 2004 WL 516216 (Va.
Feb. 6, 2004)
(Coverage for alleged construction
Soho Plaza Corp. v. Nationwide Mut.
Ins. Co., 2003 WL 22255005 (N.Y.A.D.
1st Dept. Oct. 2, 2003)
(Real estate loss)
Textron Inc. v.
Cas. & Sur. Co.,
754 A.2d 742 (R.I. 2000) (Environmental
R.E.O., Inc., et al. v. The Travelers
Cos., No. CV 9503725225 (Conn.
Super. 1998) (Lender recovery for
Thiokol Corp. v. Certain Underwriters
at Lloyd's, London, No. 96-CV-028-B,
1997 WL 33798359 (D. Utah 1997)
(Recovery of rocket R&D costs)
St. Paul Fire & Marine Ins. Co. v.
McCormick & Baxter Creosoting Co., Inc.,
324 Or. 184 (1996)