Environmental Liability and Insurance Recovery
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Product description
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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
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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