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John G. Nevius, Esq., P.E.

Shareholder - New York
jnevius@andersonkill.com
T. 212-278-1508
F. 212-278-1733

Practice Areas

Environmental Law
Insurance Recovery
Real Estate and Construction
Corporate and Commercial Litigation
Captive Insurance

 

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Bio Home - View Extended Bio - Publications - Speaking Engagements


Publications

John G. Nevius
is a senior shareholder in the New York office of Anderson Kill and Chair of the Environmental Law Group. He has successfully resolved 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 at Pace University Law School where he teaches Science for Environmental Lawyers and conducts a Climate-Change Insurance Seminar.

His clients include several multi-national as well as Canadian-based mining, energy, telecommunications and electronics companies.  Mr. Nevius also has extensive international arbitration experience and training in international law.

Mr. Nevius has a J.D. from Pace with a concentration in environmental law. He has Masters degrees in Civil/Systems Engineering as well as Geology from the
University of Pennsylvania and a B.S. in Geology/Geophysics from the University of Connecticut.

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
III's 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 was selected by his peers to Super Lawyers for Insurance Coverage.

In 2010, Mr. Nevius was also selected for the Editorial Board of the Environmental Claims Journal.

Representative Engagements

Mr. Nevius has represented numerous corporations, including such household names as American Standard, Arrow Electronics, Brooks Brothers, Clorox (First Brands), Cyprus Amax Minerals, DynCorp, Ford Aerospace, Freeport McMoRan, Henry Schein, Jacobs Engineering, Murphy Oil, PPM
America, Pulte Homes, Purdue Pharma, Reynolds Metals, Samsung, Savin, Sbarros, Sprint, Structure Tone, Sun Micro-Systems, Tektronix, Texas Instruments, Textron, Thiokol, TransCanada, Waste Management, Weyerhaeuser, and Yukon Nevada Gold Corp.  Mr. Nevius has also represented the State of California, the Canadian provincial Government of the Yukon, 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 following:

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 Subrogation Dispute)

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 Coverage Dispute)

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 Negligence Dispute)

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 Dispute)

Queenstake Resources U.S.A., Inc. v. American Int’l Specialty Lines Ins. Co. (
AIG), 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.,
L.A. County (filed October 26, 2005) (Environmental Coverage Action – General Liability)

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 – Telecommunications)

Employers Ins. of Wausau v. Tektronix, Inc., No. CCV 9908032 (Or.
Cir. Court, Clackamas County) (August 2002) (Environmental Coverage Trial – General and Environmental Impairment Liability)

Waste Management, Inc. v. Admiral Ins. Co., et al, Docket No. HUD-L-931-92 (N.J. Super.,
Hudson County) (November – December 2001) (Environmental Coverage Trial)

ZRZ Realty Co., et al. v. Beneficial Fire & Cas.
Co., et al, Circuit Court No. 9708-06226 (Or. Cir., Multnomah County) (October – December 1999) (Environmental Coverage Trial)

Cascade Corp. v. American Home Assur.
Co., et al, No. 9205-03083 (Or. Cir., Multnomah County) (July – October 1998) (Environmental Coverage Trial)

Published Legal Decisions

Mr. Nevius has represented clients in the following reported decisions:

National Union Fire Ins. Co., et al. v. TransCanada Energy USA, Inc., 2014 N.Y. Slip Op. 05606 (1st Dep't App. Div.) (July 31, 2014) (pre-denial documents prepared by coverage litigation counsel mandatory 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 against insurance companies who sell environmental coverage becoming CERCLA PRPs and improperly seeking subrogation of coverage payments from 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)

Federal Ins. Co. v. Samsung Electronics Am., Inc., et al., 268 S.W.3d 506 (Tex. 2008)

Employers Ins. of
Wausau v. Tektronix, Inc., 211 Or. App. 485 (2007)

Cascade Corp. v. Am. Home Assurance Co., et al., 206 Or. App.1 (2006)

Hold Bros., Inc., et al. v.
Hartford Cas. Ins. Co., Case No. 04 Civ. 7223 (SAS) (S.D.N.Y., Jan. 27, 2005)

Pulte Home Corp. v. Fidelity and Guar. Ins. Co., 2004 WL 516216 (Va.
Cir. Ct., Feb. 6, 2004)

Soho Plaza Corp. v. Nationwide Mut. Ins. Co., 2003 WL 22255005 (N.Y.A.D. 1st Dept.
Oct. 2, 2003)

Textron Inc. v.
Aetna Cas. & Sur. Co.
, 754 A.2d 742 (R.I. 2000)

R.E.O., Inc., et al. v. The Travelers Cos., No. CV 9503725225 (Conn. Super. 1998)

Thiokol Corp. v. Certain Underwriters at Lloyd's, London, No. 96-CV-028-B, 1997 WL 33798359 (D. Utah 1997)

St. Paul Fire & Marine Ins. Co. v. McCormick & Baxter Creosoting Co., Inc., 324 Or. 184 (1996)  

Publications

Professional Memberships

American Bar Association: Climate Change Subcommittee of the Insurance Coverage Litigation Committee of the Trial & Insurance Practice Section; The Bar Association of the City of New York; The New York State Bar Association: Environmental Insurance Committee

Association Memberships

American Geophysical Union; American Society of Civil Engineers; The Risk and Insurance Management Society (RIMS)

Board Memberships

Trustee, Life-Time Member and Chairman, Law Committee of The Holland Society of New York; Trustee of the not-for-profit Brooklyn Free Space, a cooperative pre-school.

Publications

Personal

Mr. Nevius lives in
Brooklyn with his wife, Alison A. Hess, C.P.G., a Senior Project Manager for the EPA and daughters, Anne and Kathleen.  John also is a direct descendent of Johannes Nevius, an emigrant from Holland who was the Secretary of New Amsterdam/New York in 1650-60.

Education

Pace University School of Law, J.D.
     Certificate in Environmental Law; American Jurisprudence Award
University of Pennsylvania, M.S.E.
     Civil/Systems Engineering
University of Pennsylvania, M.S.
     Geology
University of Connecticut, B.S.
     Geology/Geophysics


 


 

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