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13 Nov 2018Can an EPA or State Agency Information Demand Trigger a Liability Insurer’s Duty to Defend?
It is well established that insurance coverage for potentially responsible party (PRP) letters is available under the law of most jurisdictions. Many, if not most, jurisdictions now recognize that a demand from the Environmental Protection Agency (EPA) or a state agency to investigate and remediate contamination is the functional equivalent of a suit, which triggers
25 Sep 201810 Common Hurdles to Securing Insurance Coverage for Legacy Contamination, Part 2
Today, we return to our two-part article exploring 10 common issues that arise in pursuing insurance coverage for legacy environmental contamination. Catch up: 10 Common Hurdles to Securing Insurance Coverage for Legacy Contamination, Part 1 6. The “Known Loss” Doctrine. The basic premise of insurance is that it protects against the risk that a policyholder
20 Sep 201810 Common Hurdles to Securing Insurance Coverage for Legacy Contamination, Part 1
In certain circumstances, companies may be able to pursue their historical general liability coverage to offset their potential liability for legacy environmental contamination. For those companies seeking coverage for legacy environmental liabilities, the fundamental, big-picture questions are the same from case to case: Does legacy contamination trigger the historical general liability coverage? Do any exclusions