Insurance Recovery for Environmental Liability: Occurrences, Triggers, Exclusions and Covered Damages

This CLE webinar will provide guidance to counsel for companies seeking insurance recovery for environmental liability.  The panel will offer strategies for recovery under general liability and specialized insurance policies.

Environmental liabilities and related costs are a significant threat to the bottom line for a business, and insurance coverage is a crucial source for recovery.

Insurance recovery to offset costs of environmental liability can be complex, and policyholders face several hurdles. Policyholders must determine which policy may cover the liability.  The number of occurrences can have a major impact on the total recovery.

Because most policies have limits related to occurrences, the definition of occurrence may determine how many times the insurance policy limits will apply to pay for a loss.  Similarly, the number of occurrences may affect the number of deductibles applicable to a given claim.

Companies and their counsel should consider factors such as foreseeable occurrences, exclusions, trigger issues, and covered damages.  Counsel should be prepared to counter insurers that try to allocate expenditures to the policyholder, general liability policies with another insurer, or specialized policies for environmental impairment liability, pollution legal liability and remediation cost-cap policies.

Listen as our authoritative panel provides tactics for recovery by policyholders of general liability insurance policies as well as specialized policies. The panel will examine the factors that should be considered, including exclusions and triggers, when evaluating insurance policies for recovery.