Anderson Kill & Olick, P.C.

John G. Nevius is a shareholder in the New York office of Anderson Kill and is chair of the firm's Environmental Law Group. Mr. Nevius has successfully resolved and litigated a variety of legal and technical matters, most of which involve insurance coverage. He provides advice and scientific expertise on a wide range of engineering issues and has represented numerous Fortune 500 companies. Mr. Nevius has extensive experience trying or arbitrating complex environmental, telecommunications, construction, real estate and work-place safety disputes on behalf of policyholder clients.

Mr. Nevius has a broad range of legal experience, but is considered an expert on environmental insurance, including general liability, pollution legal liability (PLL), clean-up costs cap (CCP), finite risk, financial assurance and so-called pollution exclusions. Mr. Nevius is co-author with Eugene R. Anderson of a treatise on Brownfields Law and Practice involving clean up and redevelopment of contaminated real estate and the use of environmental 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 Faculty member at Pace University Law School where he teaches Science for Environmental Lawyers as well as the inaugural Insurance class as part of the World's first Climate Change LLM Program.

Mr. Nevius has a J.D. from Pace University School of Law with a concentration in environmental law. He has Masters degrees in Civil/Systems Engineering as well as Geology from the University of Pennsylvania. He also has 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.

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, Freeport McMoRan, Henry Schein, Jacobs Engineering, Murphy Oil, PPM America, Pulte Homes, Purdue Pharma, Reynolds Metals, Samsung, Savin, Sbarros, Sprint, Structure Tone, Tektronix, Texas Instruments, Textron, Thiokol, TransCanada, Waste Management, Weyerhaeuser, and Yukon Nevada Gold Corp. Mr. Nevius has also represented the State of California, and the Canadian provincial Government of the Yukon, as well as several Brownfield developers and lenders, including Commerce Bank and Valley National Bank.

Major Cases, Trials and Arbitrations

Mr. Nevius has been directly involved in obtaining favorable outcomes for policyholder clients in the following:

Triangle Aviation Services, Inc. v. Fenley & Nicol Environmental, Inc., Docket No. 600228/2010 (N.Y. Sup. Ct. Nassau Cty.) (filed March 31, 2010) (As Yet Unresolved Environmental 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)

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:

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)

Speaking Engagements

"Natural Resource Damages & Remediation Efforts," HB Litigation Conferences: Oil in the Gulf-Litigation and Insurance Coverage, Atlanta, GA (June 24, 2010) (with Marshall Gilinsky)

"Green-Building and Renewable-Energy Insurance Claims: Managing Risks While Avoiding Disputes," Green Remediation International Conference, Amherst, NY (June 15-16, 2010)

"Establishing Your Personal Brand by Utilizing Social Media," Live Webinar, New York, NY (May 4, 2010)

"Environmental Remediation and Biotechnology," The Richard Stockton College of New Jersey, Pomona, NJ (April 28, 2010)

"Insurance Coverage Issues in The Toxic Tort & Environmental Litigation Arenas," American Bar Association: Tort, Trial & Insurance Practice Section, Phoenix, AZ (April 9, 2010)

"Environmental Risk Management Today - Issues, Integration and Insurance," ISP/GAF CLE "Lunch and Learn" (December 18, 2009)

"Climate and Insurance," LLM Course at Pace Law School, White Plains, NY (October 1, 2009)

"Energy & Chemical: Managing the Risks of Global Warming," Industry Breakout Sessions: Important Issues Affecting Key Industries, 12th Annual Policyholder Advisor Conference, New York, NY (September 17, 2009)

"Insurance Recoveries in a Climate of Increased Environmental Enforcement," 12th Annual Policyholder Advisor Conference, New York, NY (September 17, 2009)

"Environmental Insurance and Brownfields: How To Make Them Work For You," Business of Brownfields, Pittsburgh, PA (April 16-17, 2009)

"Protect Yourself and Your Clients: Insurance 101 For Environmental Professionals," 19th Annual Association for Environmental Health and Sciences Conference, San Diego, CA (March 11, 2009)

"Emerging Issues in Environmental Insurance," Invited Panelist, Environmental Insurance Committee of the New York State Bar Association, New York, NY (October 31, 2008)

"How to Evaluate and Settle An Insurance Claim," RIMS Canada Chapter, Edmonton, Alberta (October 8, 2008)

"Energy & Chemical: Managing the Risks of Global Warming," (with Marshall Gilinsky), 11^th Annual Policyholder Advisor Conference, New York, NY (September 18, 2008)

"What You Should Know About Environmental Insurance," The Environmental Law Program at Pace University Law School: Celebrating 30 Years, White Plains, NY (October 19–20, 2007)

"Creating Effective Exit Strategies for Developers," Acquiring, Developing, and Disposing of Brownfields Sites, American Conference Institute, Philadelphia, PA (April 30, 2007)

"Mine Closure: Cash, Credit or Coverage?," US EPA Hard Rock 2006 Conference on Sustainable Modern Mining, Tucson, AZ (November 16, 2006)

"Will You Be Covered?," 22^nd International Conference on Soils, Sediments and Water, Amherst, MA (October 17, 2006)

"Pollution Exclusions Not Really Absolute," 22^nd International Conference on Soils, Sediments and Water, Amherst, MA (October 17, 2006)

"How Will Your Institutional Controls Be Working In 2035?," 21st Annual International Conference on Soils, Sediments and Water, Amherst, MA (October 19, 2005)

"MTBE: Coverage For This 'Spreading' Problem," 21st Annual International Conference on Soils, Sediments and Water, Amherst, MA (October 19, 2005)

"Environmental Insurance: Wave Of The Future Or Washout?," 21st Annual International Conference on Soils, Sediments and Water, Poster Session, Amherst, MA (October 19, 2005)

"Managing Contaminated Property: Effectively Managing Your Real Estate Investment," Anderson Kill & Olick, P.C., Real Estate Seminar, New York, NY (March 2, 2005)

"Promises Kept: An Integrated Approach to Controlling Waste In Place," Business of Brownfields Panel Session, Pittsburgh, PA (November 9, 2004)

"Promises Kept: An Integrated Approach to Controlling Waste In Place," Brownfields2004 Panel Session, St. Louis, MO (September 21, 2004)

"NJ/PA Brownfields Developments: Managing Real Estate Effectively," Anderson Kill & Olick, P.C., Real Estate Seminar, Philadelphia, PA (September 14, 2004)

"Environmental Liability Insurance," EPA National PRP Search Enhancement Conference, Denver, CO (August 11, 2004)

"Financial Assurance Workshop," Invited Panelist, EPA Environmental Financial Advisory Board, New York, NY (June 15, 2004)

"Natural Resource Damage Claims," CLE Seminar sponsored by the New Jersey Institute For Continuing Legal Education, Edison, NJ (June 10, 2004)

"Emerging Issues In Environmental Insurance," Risk Insurance Management Society (RIMS) 2004, San Diego, CA (April 21, 2004)

"Insurance and Protecting New York's Environment – Latest Developments In Environmental Insurance," CLE Seminar sponsored by Westchester CPCU Chapter and Westchester Community College Center for Insurance Education, Valhalla, NY (April 15, 2004)

"Environmental Liability Transfer & New Insurance Products: Brownfields May Never Be The Same," EPA Region 2 CLE Seminar, New York, NY (March 30, 2004)

"Mold Coverage Issues: Past, Present and Future," CLE Seminar co-sponsored by the New York State Bar Association and the Association of the Bar of the City of New York, New York, NY (March 3, 2004)

"Steer Clear: Avoiding Common Pitfalls of Brownfield Redevelopment and Transactions," Brownfields2003 Panel Session, Portland, OR (October 27, 2003)

"Tapping Insurance Policies To Pay Environmental Liabilities: The Good, the Bad and the Ugly," EPA Region 2 CLE Seminar, New York, NY (October 22, 2003)

"Pollution Exclusions and 'Missing' Policies," Anderson Kill & Olick, P.C., CLE Training Seminar, New York, NY (October 7 and 8, 2003)

"Are Your Brownfields Growing Mold? Environmental Insurance In the New Millennium," 6th Annual Policyholder Advisor Conference, Chicago, IL (April 2003)

"Clean-up Cost Cap Insurance: Wave of the Future or Washout?," EPA Hardrock Mining Conference, Denver, CO (May 8, 2002)

"Environmental Regulation," Stevens Institute of Technology, Newark, NJ (Winter 1994)

"Hazardous Waste Regulation," Central European University, Budapest, Hungary (Summer 1993)

Various EPA National and Public Participation Meetings (1989-1992)

"Quantifying Spatial Variability In A Carbonate Aquifer," American Geophysical Union - National Meeting, Baltimore, MD, Poster Session (May 18, 1987)

"Structural Geology and Introduction to Geology," Lecturer, University of Pennsylvania, Philadelphia, PA (1985-1987)

Publications

Mr. Nevius was an editor of the Pace Environmental Law Review and is the author of numerous articles, including:

"Keeping an Eye on the Ball: Advocating and Protecting the Scope of Coverage in a Sensitive Market," Enforce: The Insurance Policy Enforcement Journal, Vol. 7, Issue 1 (2009) (with Edward J. Stein)

"Phantom Insurance: Don't Let Unregulated Side Agreements Haunt Your Coverage!," LexisNexis Insurance Law Center (January 19, 2009) and related blog postings

”Umbrella Coverage Is Available: Don’t Get Soaked – Coverage for Environmental Liabilities in the Wake of California’s Powerine Cases 1 and 2,” Environmental Claims Journal, Vol. 20, Issue 4 (October 2008)

”’Environmental’ Insurance: Right For You?”, Proceedings of the Environmental Law Program at Pace Law School (October 2007)

“How a Few Simple Insurance Tips Can Make a Big Difference to Your Business,” AKO Real Estate & Construction Advisor (Spring 2007)

“What Side Is Your Insurance Broker On?,” AKO Policyholder Advisor (March/April 2007)

"Avoiding Liability for Contamination: EPA's New 'All Appropriate Inquiry' Standards,” AKO Real Estate & Construction Advisor (Spring 2006)

”Volatile Coverage: Professional Liability Insurance for Environmental Professionals,” Environmental Claims Journal (December 2005) (with Robert E. Frankel)

"MTBE: Coverage For This 'Spreading' Problem," Conference Proceedings, 21st Annual International Conference on Soils, Sediments and Water, Amherst, MA (October 19, 2005)

"An E&O Eye Opener: A Guide to Help Environmental Professionals Secure Effective Coverage Through Errors and Omissions Insurance Policies," Environmental Protection magazine (July/August 2005) (with Robert E. Frankel)

"This Old Site: Options For Addressing Contaminated Property," Real Estate & Construction Advisor (Winter 2004)

"MTBE: Coverage For the Petroleum Industry's 'Spreading' Problem," Environmental Claims Journal, Vol. 16, Nos. 3-4 (Summer-Fall 2004) (with John N. Ellison)

"Insurance Is Words and the Words Do Not Work," Proceedings of Emerging Issues in Environmental Insurance: Crucial Coverages In A Volatile Climate, New York State Bar Association - Environmental Insurance Subcommittee and the Association of the Bar of the City of New York, New York, NY (November 10, 2004) (with Eugene R. Anderson)

"Managing Contaminated Property," Corporate Counsel (September 2004)

"Obtaining Environmental Insurance," Policyholder Advisor (April/May 2004)

"Insurance Coverage for Natural Resource Damage," Corporate Counsel (April 2004)

"Insurance – Foolproof Or Fool's Gold?," Environmental Claims Journal, Vol. 16, No. 1 (Winter 2004) (with Eugene R. Anderson) (edited by John G. Nevius)

"You Should Be Covered For Natural Resource Damages," New Jersey Law Journal (February 2004) (with John N. Ellison)

"Untapped Insurance Coverage For Asbestos Liabilities," Petroleum and Chemical Insurance Alert (Winter 2003/2004) (with John N. Ellison)

"Natural Resource Damages, You Should Be Covered," Environmental Claims Journal, Vol. 15, No. 3 (Autumn 2003) (with John N. Ellison)

"Are Your Brownfields Growing Mold? Environmental Insurance in the New Millennium," Anderson Kill & Olick, P.C. Sixth Annual Policyholder Advisor Conference (April 2003)

"Brownfields and Green Insurance: Developing and Transferring Real Estate in the New Millennium," Environmental Protection (March 2003)

"What's New In the Real Estate Field(s)?," Real Estate & Construction Advisor (Winter 2003)

The Policyholder Advisor, Juris Publishing, Inc. (2002) (contributing author)

"Insurance – Fool Proof or Fool's Gold? – All This and Heaven Too," Proceedings of Brownfields 2002 (November 2002) (with Eugene R. Anderson and Robert M. Horkovich)

"Clean-Up Cost Cap Insurance: Right for You?," Petroleum and Chemical Insurance Alert (Autumn 2002)

"Clean-up Cost Cap Insurance: Wave of the Future or Washout?,” Proceedings of the Hardrock Mining 2002 Conference sponsored by the EPA and other government agencies (May 2002)

"Directors And Officers Liability: Avoid Catastrophe – Think Insurance Coverage," Corporate Counsel (December 2000) (with Eugene R. Anderson)

"Policyholder's Coverage Rights May Be Affected Under Resource Conservation And Recovery Act," Mealey's Insurance Law Weekly (June 7, 1999)

"A Guide to Recovering Insurance Benefits for Environmental Liability Claims," published in conjunction with the Institute of Scrap Recycling Industries, Inc. (Spring 1998) (edited by John G. Nevius)

"Oregon High Court: Gradual Pollution Covered Under CGL Insurance Policies," Policyholder Advisor (December 1996) (with Steven J. Dolmanisth)

"The Pollution Exclusion Conspiracy: A Newly Recognized Basis for Recovery," Pace Environmental Law Review (Spring 1996) (with Steven J. Dolmanisth)

"The Environmental Laws of Jamaica," Comparative Environmental Law & Regulation, Issue 4 (December 1995)

"Public Involvement in the RCRA Corrective Action Process," Proceedings of the Second Annual RCRA Corrective Action Meeting sponsored by the EPA, abstract (May 1992)

"Stabilization Options: Five Regional Case Studies," Proceedings of the National Corrective Action Stabilization Conference sponsored by the EPA, abstract (February 1992) (with Thomas Buntin)

"Compliance Options for Handling Contaminated Groundwater at the UTI and IBM Facilities," Proceedings of the First Annual RCRA Corrective Action Meeting sponsored by the EPA, abstract (June 1991)

"A Hydrogeologic Analysis of the Carbonate Aquifer and Associated Surficial Deposits in Upper Merion Township," Pennsylvania, University of Pennsylvania Masters Thesis (May 1987)

"Quantifying Spatial Variability in a Carbonate Aquifer," EOS Proceedings of the American Geophysical Union, Vol. 68, No. 16, abstract (April 21, 1987) (with Timothy Lutz and Robert Giegengack)

Press

John's work has been cited or he has been quoted in the following:

"Despite $20B BP fund, business interruption exposure remains," Business Insurance (June 20, 2010)

"New BP Oil-Spill Fund To Have Little Impact On Insurers," Wall Street Journal Online (June 16, 2010)

John G. Nevius was featured as a guest on Bloomberg Television on June 14, 2010 regarding calls from US lawmakers for BP to set up an escrow account for damage claims related to its oil spill in the Gulf of Mexico and to suspend its dividend. Click this link to view "Nevius Says There Is Precedent for BP Damage-Claim Fund"

"Attorney Nevius Sees 'Cautious Optimism' About BP's 'Top Kill'," Bloomberg Television's "Inside Track" (May 27, 2010)

"Gulf Oil Spill Could Result in Biggest Environmental and Maritime Litigation Case in U.S.," Nola.com (May 16, 2010)

"Transocean Seeks To Cap Oil Spill Liability At $27M," Law360 (May 13, 2010)

"In Wake of Devastating Gulf Oil Spill, Liability Spreads," BestWeek (May 10, 2010)

"Insurance Industry Reacts to Gulf Coast Oil Spill," Insurance Journal (May 10, 2010)

"BP Oil Spill Sparks Chain Reaction Of Insurance Claims," Environmental Law360 (May 3, 2010)

"Insurance Law Community, Anderson Kill & Olick Examines Insurance Implications of Gulf Oil Spill," LexisNexis Communities (May 1, 2010)

"Energy-Service Firms Fall As Oil-Spill Fears Spread," Dow Jones/WSJ Online (April 30, 2010)

"USA: des responsabilités complexes pour les groupes liés à la marée noire," Agence France-Presse (French-language international newswire) (April 30, 2010)

"Oil Platform Explosion Insured Losses Could Hit $1.5B," National Underwriter Online (April 30, 2010)

"AIG Unit Says It Wrongly Paid $1M For Oil Spill Cleanup," Insurance Law360 (March 11, 2010)

"Court reconsiders global warming ruling," Business Insurance (March 7, 2010)

"More Public Nuisance Suits Could Arise From Recent Court Decisions," Business Insurance (November 22, 2009)

"More Environmental Lawsuits May Target Firms' Directors, Officers: Suits May Claim Company Contributed to Global Warming," Business Insurance (November 22, 2009)

"GHG Appellate Rulings Could Incite Insurance Brawls," Insurance Law360 (October 30, 2009)

"Global Warming Cover Needed By Gassy Businesses, Says Expert," National Underwriter (October 21, 2009)

"Not Just Hot Air," Risk & Insurance Magazine (October 5, 2009)

"APPEALS COURT OKS GLOBAL WARMING NUISANCE SUITS," Business Insurance (September 23, 2009)

"Global Warming Suits Are A Hard Sell, Attorney Advises," National Underwriter (September 21, 2009)

"For Insurers, MTBE Could Be 'New Asbestos'," Insurance Law360 (April 9, 2009)

"Insurance Fights Could Heat Up Amid Warming Suits," Insurance Law360 (February 5, 2009)

Order of Circuit Court Judge, Steven L. Maurer, awarding Tektronix its attorney fees in Employers Insurance of Wausau v. Tektronix, Inc., No. CCV 9908032 (Oregon Circuit Court, Clackamas County), October 29, 2004 (As part of its determination that Anderson Kill's rates were reasonable and, therefore, fully recoverable under ORS 742.061, the Court held "Mr. Nevius . . . brought special skills and experience related to the particular issues and tasks . . . as part of an overall team approach to this case.")

"Turning Point for Pollution Insurance," CFO.com (September 9, 2004)

"Environmental Liabilities: Wait, There's More," Morgan Stanley Equity Research Report: Insurance - Property & Casualty (July 16, 2004)

Memberships

American Bar Association: Climate Change Subcommittee of the Insurance Coverage Litigation Committee of the Trial & Insurance Practice Section; American Geophysical Union; American Society of Civil Engineers; The Bar Association of the City of New York; The Commerce & Industry Association of New Jersey; The Connecticut Business & Industry Association: Environmental Policies Council; The New York State Bar Association: Environmental Insurance Subcommittee; and The Risk and Insurance Management Society (RIMS).

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 is a Trustee of the not-for-profit Brooklyn Free Space, a cooperative pre-school. John also is a life-time member of the Holland Society of New York and is a direct descendent of Johannes Nevius, an emigrant from Holland who was the Secretary of New Amsterdam/New York in 1650-60.

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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