Insurance Negotiation & Coverage Litigation
Environmental insurance can be a valuable tool to manage ongoing and historical operational risks, indemnity obligations, and cleanup costs. However, many policies are "manuscript" policies and must be carefully negotiated to meet particular coverage objectives. We have represented clients large and small in negotiating desired environmental coverage for both single facilities and corporate-wide properties.
Coverage litigation is sometimes necessary to obtain payment for environmental claims. We have represented clients in a variety of controversial coverage circumstances including those involving historical environmental liabilities, asbestos claims, and mass torts. Our coverage litigators have addressed a wide range of issues such as the insurer's duties to defend and indemnify, occurrence and allocation controversies, and interpretation and application of multi-year policies.