Environmental Liability and Insurance Recovery

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ISBN: 9781614384984
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Environmental Liability and Insurance Recovery is for the lawyer whose practice lies at the point where two areas of the legal profession - environmental law and insurance law - intersect. These areas of the law demand the mastery of an intricately involved set of concepts, definitions, rules, and regulations - all of which are continuously developing. Insightful clarification on the topic is provided, as well as subset of the legal issues at the crossroads of environmental law and insurance law, namely, the many ways in which a party may be exposed to environmental liability and how insurance coverage may provide financial support for such liability.

Topics covered include:
•   Statutory Liability, related to: CERCLA, the Resource Conservation & Recovery Act, clean air and clean water acts
•   Tort Liability including nuisance, trespass, negligence, and strict liability
•   The General Liability Policy
•   Policy exclusions and defenses to coverage
•   Environmental impairment liability insurance

Table of Contents

About the Authors

Introduction

CHAPTER 1 Superfund Liability

BY THEODORE L. GARRETT

CHAPTER 2 Resource Conservation and Recovery Act

BY JEFFREY L. WOOLSTRUM

CHAPTER 3 Other Federal Environmental Statutes

BY S. LEE JOHNSON

CHAPTER 4 Common State Statutory Claims: Illegal Dumping, UST, and Cost Recovery/Contribution Actions

BY THOMAS F. O'GARA

CHAPTER 5 Nuisance

BY LISE T. SPACAPAN, STACY S. JAKOBE, AND JILL M. HUTCHISON

CHAPTER 6 Environmental Trespass

BY LAWRENCE G. CETRULO AND ROBERT J. MOORE

CHAPTER 7 Environmental Negligence

BY LAWRENCE G. CETRULO AND ROBERT J. MOORE

CHAPTER 8 Strict Liability: Judicially Imposed Civil Liability for Dangerous Public and Private Activities

BY JOHN S. GRAY

CHAPTER 9 The General Liability Policy

BY JEFFREY M. POLLOCK

CHAPTER 10 Scope of Coverage Under the General Liability Policy

BY JEFFREY M. POLLOCK

CHAPTER 11 Trigger of Coverage

BY ROBERT D. CHESLER AND MICHAEL DAVID LICHTENSTEIN

CHAPTER 12 Insured's Response to Environmental Liability

BY COLLIN J. HITE AND KEVIN J. O'BRIEN

CHAPTER 13 Insurer's Response to Environmental Liability Claim

BY GINNY L. PETERSON

CHAPTER 14 The Insurer's Duty to Defend Its Insured

BY THOMAS D. LONG, TAMIR DAMARI, AND JAMES H. VORHIS

CHAPTER 15 The Pollution Exclusion: Understanding the Limits of the Principal Barrier to Insurance Recovery in Contamination Cases

BY GEORGE M. PLEWS

CHAPTER 16 Other Defenses to Coverage

BY MICHAEL F. AYLWARD

CHAPTER 17 Excess Insurance Coverage

BY SCOTT M. SEAMAN AND JASON R. SHULZE

CHAPTER 18 Site Pollution Liability Insurance

BY ROBERT M. HORKOVICH, RENE F. HERTZOG, AND PETER A. HALPRIN

CHAPTER 19 Environmental Insurance for Contractors, Professionals and Products

BY ROBERTA G. GORDON

Table of Cases

Index