Reducing Environmental Risk

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Year: 2007

Absence of Property Damage During Policy Period

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...

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...

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...


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