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Environmental and Complex Torts
Our attorneys are experienced in representing insurers in complex, multiparty coverage disputes arising out of environmental contamination and pollution, toxic tort and product liability with potential exposure in the hundreds of millions of dollars. These claims often involve significant exposure regarding a policyholder's core business. It is often critical in a large-scale loss that counsel "get on the ground." We work with the foremost industry consultants at all stages of a claim, and throughout the course of coverage litigation, to ensure that the technical aspects of each case are addressed properly. Our collective experience with the CPSC, CERCLA, RCRA, and a wide variety of state statutes serves our insurance dispute clients well.
We have handled coverage disputes regarding the release of hazardous substances from landfills, the discharge of hazardous materials from manufacturing operations and analyzing claims for contamination of navigable waters, aquifers and groundwater. We have successfully litigated in state and federal courts on additional issues such as:
- Proper interpretation of the pollution exclusion
- Negotiation of cost share and commutations of policies
- number of occurrences
- what constitutes a "suit"
- the scope of "damages"
- allocation of costs
- successor liability
- self-insured retentions
- ultimate net loss
- insolvency
- notice
- waiver and estoppel
- choice-of-law
- exhaustion
- trigger of coverage
For more information about the Global Insurance Services Group at Goldberg Segalla LLP, please contact one of the practice group Co-Chairs:
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