Environmental Insurance Litigation: Law and Practice, 2d

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Environmental Insurance Litigation: Law and Practice, 2d

By Tod I. Zuckerman

ISBN-13: 9780314979797

Last Updated: 11/11/2011

Availability: Partial Stock Details

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Brand: Clark Boardman Callaghan

Pages: 7990

Free Update Period: 90 days

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Description

This resource takes a look at the cases, laws, trial strategies, and issues that arise in environmental coverage litigation. Turn to it for a discussion of federal and state environmental statutes, including RCRA and CERCLA; insurance policy components and how they relate to environmental coverage; accident-based and occurrence-based liability policies; all types of pollution exclusions; allocation issues; and discovery strategies for both insurers’ and insureds’ counsels.

Features

Cited as authority in 2003 Wisconsin Supreme Court Johnson Controls case
Comprehensive overview and detailed analysis of environmental insurance issues
Contains comprehensive federal and state case law and statutory analysis
Contains practice tips to help attorneys competently advocate for their clients and effectively use trial strategies in environmental coverage litigation
Insurance policy components and how they relate to environmental coverage issues
Provides coverage of pollution, asbestos, lead, mold, and emerging climate change coverage issues
Provides semiannual updates

Summary Of Contents

Volume 1
Chapter
1. Environmental Liability Claims
2. A Primer on Insurance Coverage Law, and Environmental Liability Claims Under Commercial General Liability Policies
3. Is the Insurance Claimant an Insured?
4. Government Mandated Pollution Cleanup Costs As "Damages" Because of "Property Damage"
5. The Occurrence Requirement--Part I: Evolution and Basics of Occurrence Based Coverage Claims as Applied to Environmental Liability Claims
6. The Occurrence Requirement--Part II: The Fortuity Doctrine (Known Loss Doctrine, Loss-in-Progress Doctrine) and Trigger of Coverage
7. The Standard ISO Pollution Exclusion Clause
8. The Absolute/Total Pollution Exclusion
9. Other Pollution and Pollution-Type Exclusions
10. The "Owned Property" or "Care, Custody, or Control" Exclusion and the Alienated Premises Exclusion
Volume 2
1. Conditions and Public Policy Considerations
2. The Duty to Defend Against Environmental Claims
3. Allocation Issues in Environmental Insurance Coverage Litigation
4. Insurers' Responses to Environmental Liability Coverage Claims
5. Informal Discovery Strategies for Insurers
6. Formal Discovery Strategies for Insurers' Counsel in Environmental Insurance Coverage Litigation
7. Preliminary Responses of Policyholders in Environmental Insurance Coverage
8. Discovery by Policyholders in Environmental Insurance Coverage Litigation
9. [Reserved]
10. [Reserved]
11. Experts in Environmental Insurance Coverage Litigation
12. Settlement of Environmental Insurance Coverage Disputes
13. Trial Considerations in Environmental Insurance Coverage Disputes
Volume 3

Mold Coverage Disputes
Lead Claims under CGL Policies
Asbestos
Global Warming Insurance Coverage Disputes
Environmental Impairment Liability Policies
Modern Pollution Insurance Specialty Policies
First-Party Environmental Insurance Coverage
Reinsurance Considerations in Environmental Insurance Coverage Disputes
[Reserved]
A Primer on Legal Research and Stare Decisis for the Environmental Insurance Coverage Litigator
New Development and Miscellaneous Issues
Survey of Very Recent Environmental Insurance Coverage Cases

Appendices
Table of Laws and Rules
Table of Cases
Index

Filing and Shelving Instructions

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Environmental Insurance Litigation: Law and Practice, 2d

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