16
Jan
2014

High Court's Chubb Snub Shifts Insurer Approach To Cleanups

Law360

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After the U.S. Supreme Court on Monday refused to scrutinize the Ninth Circuit's decision blocking Chubb Insurance Co. from recouping Superfund costs, attorneys say insurers will put more pressure on policyholders to agree to beefed-up cooperation requirements, while continuing to push the issue in other circuits.

Peter Halprin, an Anderson Kill PC attorney who filed an amicus brief in the Ninth Circuit for United Policyholders, also said that carriers will try to get involved in the cleanup process earlier or push policyholders to satisfy the new requirements set out in the Ninth Circuit ruling. But he was skeptical that the decision would stunt growth in the environmental insurance market, where carriers are increasingly taking on “new and exotic risks,” he said.

“Any claim on their side that this will radically alter things or inhibit that growth is overstated,” Halprin said.

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