Under New York Law, property damage is deemed to occur within the period of an occurrence-based policy, if injury-in-fact takes place during the policy period. See Continental Casualty Co. v. Rapid-American Corp., 177 A.D.2d 61 (App. Div., 1992). An insurer may only...
Month: November 2007
Pollution Legal Liability (PLL) Policy
Pollution Legal Liability (PLL) policies protect policy holders against third-party claims for property damage, personal injury and cleanup costs relating to environmental contamination. Typically, a PLL policy will protect can the insured party from loss arising from...
Cost Cap Insurance Policy
Cost-Cap insurance policies pay for costs that exceed the estimated cost of a remedial plan. These policies typically have large "co-insurance" and deductible provisions, so that the insured must still pay a significant portion of the cost overruns. Policies are also...
Common Law Recovery of Cleanup Cost for Petroleum Spills
New York's Oil Spill Act, Article 12 of the New York Navigation Law, provides a natural and attractive starting point for people seeking to recover cleanup costs for petroleum spills. The Act imposition of strict liability holds out the promise of avoiding litigation...
Three Overarching Tasks And Principles
So, what are the implications of the background principles of law discussed in earlier blogs, and what principles overall should govern how your environmental lawyer makes herself really useful to you in the process?Three Overarching Tasks and Principles or...
What about “as is” clauses? Can’t we still use them?
We devote a whole blog to this because it's one of those areas where standard practice in the field, pre-environmental law, has been totally overtaken by cases where "as is" clauses intersect with environmental problems after a deal is done.Some relatively...
