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...
Year: 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...
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...
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...
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...
Environmental Due Diligence in the Real Estate and Business Deal – Background Legal Principles
By way of background, if you're a real estate lawyer, you'll want to understand that environmental law principles as applied in the context mostly derive from established real estate principles, though with a few twists - others can skim through this discussion or...
Environmental Due Diligence in the Real Estate – Overview
This is the first of a series of blogs designed to provide a detailed "primer" for the commercial real estate professional and investor. My goal is unlock what some still see as the mysterious world of environmental risk in the sale or lease of virtually all...
Pollution Exclusions
Pollution exclusions were first introduced in surance policies beginning in the early-1970‚ to remove any doubt that may have existed in connection with coverage for damage caused by pollutants which were released as a normal part of the insured‚ business...
Duty to Defend
A typical Commercial General Liability (CGL) insurance policy includes two duties: (1) the duty to defend; and (2) the duty to indemnify. The duty to defend, when triggered, obligates the insurer to provide the insured legal counsel to represent them and to defend...
