Environmental Insurance Coverage for NRD, CERCLA, RCRA, OPA and Other Claims

DATE: Thursday, May 21, 2015

TIME: 3:00 PM - 4:15 PM

ORGANIZER: Clear Law Institute


Insurance coverage is an essential source for recovery of environmental investigation, cleanup, liability, and defense costs.  Current trends in environmental claims, whether NRD, CERCLA, RCRA or other claims, present evolving theories of liability that impact potential coverage under non-environmental policies.

While CGL coverage is typically used to recover costs and pay for damages from environmental liabilities, other business policies, such as property insurance and even D&O policies, may also provide coverage.

Frequently litigated pollution exclusion issues include what constitutes a "pollutant" and whether the exclusion bars coverage for liabilities a policyholder did not expect or intend.  Counsel must also wrestle with determining which costs and liabilities will be treated as damages under a policy.

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