Analyzing Coverage Under Contractors' Pollution Liability Policies, Navigating Pollution Exclusions in CGL & PL Policies

This CLE webinar will provide construction counsel with an understanding of the scope of insurance coverage and definition of policy exclusions for pollution damages arising from construction activities, products and debris.  The program will review the scope of varying forms of the pollution coverage in CGL, PL and CPL policies as well as the differing court interpretations of the pollution exclusion, and provide best arguments for owners, contractors and insurers to either avoid or maximize coverage.

Construction activities routinely involve the disposal of solvents, fuels and chemicals that may fall within the pollution exclusions of the contractor's CGL and PL policies.  Hidden pollution exposures include contaminated fill dirt, buried wastes, asbestos and lead paint.  Other activities such as noxious odors and dust creation may interfere with the owner's right to enjoy their property resulting in a nuisance action against the contractor.

The pollution exclusion in CGL and professional liability policies is one of the more heavily litigated issues in construction claims.  Courts wrestle with the distinctions between traditional and nontraditional pollution, with little unanimity among courts on whether the total pollution exclusion applies to nontraditional pollution.

Contractors' pollution liability (CPL) policies may be appropriate for certain projects where environmental hazard risks are high.  Contractors may also be required to purchase such coverage by contractual mandates.

Listen as our authoritative panel of construction practitioners discusses insurance coverage for pollution damages arising from construction activities, products and debris.  The panel will review varying forms of the pollution coverage in CGL, PL and CPL policies as well as the differing court interpretations of the pollution exclusion.