Environmental Coverage Litigation & Counseling

Our nationally recognized environmental coverage practice leads the industry in representing insurers in complex, multiparty coverage disputes arising out of environmental contamination and pollution with potential exposure in the hundreds of millions of dollars.  We also advise clients outside the litigation context on environmental coverage issues.

We have played a leading role in developing law in the environmental coverage context, securing major precedent-setting victories in state and federal courts on a number of issues such as the proper interpretation of the pollution exclusion, number of occurrences, what constitutes a “suit,” the scope of “damages” and allocation of costs. 

Our attorneys have argued environmental coverage cases before the US Court of Appeals for the Second, Third, Fourth, Fifth, Sixth, Eighth and DC Circuits, as well as before numerous state supreme and appellate courts.

Representative Matters

  • Acceptance Ins. Co., et al., v. Powe Timber Company, Inc., 403 F. Supp. 2d 552 (S.D. Miss. 2005), aff’d, ___ F.3d ___ (5th Cir. Feb. 21, 2007)
  • Dutton Lainson v. Continental Ins. Co., et al., 271 Neb. 810 (2006) 
  • Fidelity and Guaranty Underwriters, Inc. v. Nationwide Tanks, Inc., 2006 WL 462443, 2006 U.S. Dist. LEXIS 9854 (S.D. Ohio 2006) 
  • Mahl Bros. Oil Co. v. St. Paul Fire & Marine Ins. Co., 307 F. Supp. 2d 474 (W.D.N.Y. 2004)
  • Carova Corp. v. United States Fid. & Guar. Co., No. 00-1684, 2001 WL 285141 (4th Cir. 2001)

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