About the Course
Introduction
This CLE course will provide counsel with a review of current and emerging trends in environmental claims, potential coverage under various commercial policies, the parameters of critical policy exclusions, and the scope of covered damages.
Description
Insurance coverage for environmental claims, including claims to recover environmental investigation, cleanup, liability, and defense costs, often raises numerous coverage issues and defenses. Current trends in environmental claims--whether PFAS, ESG, NRD, CERCLA, RCRA, or other claims--present evolving theories of liability and defenses that impact potential coverage under various policies important for counsel, claims professionals, and risk managers to understand.
Although policyholders often seek coverage under general liabilities and environmental insurance policies, they may also seek coverage under property insurance, D&O policies, and other business policies.
Under the growing concerns regarding PFAS and other "forever chemicals," what constitutes a "pollutant" when a pollution exclusion exists is frequently litigated as well as whether the exclusion bars coverage for liabilities a policyholder did not expect or intend. Counsel must also determine which costs and liabilities are covered damages under a policy.
Listen as our authoritative panel provides counsel with a review of new and emerging trends in environmental claims, potential coverage under various commercial policies, the parameters of critical policy exclusions and defenses, the scope of covered damages, and apportioning damages among insurers and policyholders.
Presented By
Mr. Mascia’s practice concentrates in commercial litigation and insurance coverage litigation exclusively on behalf of policyholders. He has extensive experience in insurance coverage matters in state and federal court involving general liability, professional liability, and property insurance. Mr. Mascia is a frequent author and lecturer on a variety of insurance law topics.
Mr. Seaman is a commercial litigator and trial lawyer with more than 37 years of experience. He is widely regarded as one of the leading attorneys in the United States representing insurers and reinsurers in property and casualty matters. Mr. Seaman is known for employing his deep knowledge of the law, insurance, and financial industries, strategic thinking, and honed trial and appellate advocacy to produce creative solutions and outstanding results for clients. He has a long track record of successfully representing companies before trial courts, appellate courts, and arbitration panels across the country in a variety of cases and matters involving general liability coverage (primary, umbrella, and excess), professional liability coverage, directors and officers liability insurance, transactions insurance, first-party property coverage, bad faith and extra-contractual matters, fee disputes, and facultative and treaty reinsurance contracts. Mr. Seaman has served as national coverage counsel as well as trial and appellate counsel. He also advises and represents companies on cyber, privacy, data breach, IoT, nanotechnology, gig economy, social inflation, viruses and pandemics, social unrest, ESG, climate change, and other emerging issues, as well as a wide range of case-specific and portfolio issues.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, January 7, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Trends in environmental claims
- PFAS claims
- ESG claims
- NRD claims
- CERCLA claims
- RCRA claims
- Potential policy coverage
- Policy exclusions
- Scope of covered damages
The panel will review these and other key issues:
- How can policyholders maximize coverage for environmental liabilities under existing non-environmental insurance policies?
- What are the latest case law developments regarding the pollution exclusion in CGL policies?
- What environmental costs are likely to be treated as covered damages?
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