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Environmental Insurance Coverage

Our team has successfully handled significant environmental coverage matters in state and federal courts throughout the U.S. and internationally under both general liability and pollution policies. We help insurance companies evaluate existing coverage, draft effective policies that incorporate emerging issues, and quickly resolve disputes through effective negotiation, mediation, arbitration and, when necessary, litigation.

Our nationally recognized environmental and regulatory attorneys collaborate to advise on the entire range of coverage issues and regulatory challenges they may face. We work on the most complex aspects of environmental insurance coverage in the industry — from allocation, pollution exclusions, and NODS issues to business interruption, pre-tender, and application fraud. Our attorneys have extensive experience with a wide range of substances, including asbestos, benzene, PFAS, and VOCs.

We have successfully litigated matters involving a wide range of insureds, including oil and gas companies, chemical companies, wastewater treatment facilities, airports, and manufacturers of a variety of products. Our team also prepares comprehensive settlement packages, formulating legal and factual positions on behalf of clients that seek to reduce projected cleanup costs, increase participation by other potentially responsible parties, minimize defense costs, and resolve the matters in the most comprehensive and expeditious manner possible.

  • Obtained a multimillion-dollar victory for our insurer client under an environmental pollution policy —specifically, the meaning of “pollution condition” in the context of ASIS — in federal district court, which was later upheld on appeal to the U.S. Court of Appeals for the Second Circuit.
  • Represented two insurers that were sued along with scores of other carriers in more than 160 direct actions in two states for allegedly failing to protect the insured’s employees and contractors from asbestos exposure. We worked with other carriers to obtain dismissals of every active action at the trial court level; we argued and won the state court appeal that led to the plaintiffs’ discontinuing their efforts in that state.
  • Crafted the class action mechanisms to resolve more than $1 billion in asbestos liabilities of an insured California manufacturer and distributor.
  • Achieved a de minimis settlement with a major airport in connection with underground diesel fuel leaks arising from earthquake damage.
  • Won a multimillion-dollar summary judgment as well as appeal to the U.S. Court of Appeals Second Circuit arising out of contamination in a sealed tank and the interpretation of the defined term “Pollution Condition” in an EIL policy.
  • Won a $40 million summary judgment motion in Illinois state court regarding late notice in the context of an EPA 104(e) information request in a claims made and reported policy.
  • Represented an insurer in the Nebraska Supreme Court, defeating the insured’s effort to hold the insurer jointly and severally liable for nearly $10 million in damages for costs associated with environmental contamination that spanned 40 years.
  • Represented an insurer in a lead-contamination case alleging hundreds of millions of dollars in damages that raised duty-to-defend and consent-to-settle issues, winning on motion before the trial court and on appeal to the Eleventh Circuit.
  • Chambers USA – Insurance – Texas (2022-2025)
  • Chambers USA – Insurance: Dispute Resolution: Insurer – Nationwide (2007-2017; 2022-2025)
  • Chambers USA – Insurance: Dispute Resolution: Reinsurance – Illinois (2019-2025)
  • Chambers USA – Insurance: Insurer – District of Columbia (2005-2025)
  • Chambers USA – Insurance: Insurer – California (2007-2025)
  • Chambers USA – Insurance: Transactional & Regulatory – Illinois (2019-2025)
  • Legal 500 USA – Insurance: Advice to Insurers (Nationwide) (2020-2025)
  • Insurance Business America – 5-Star Excellence Award (2021)
  • Best Lawyers® “Best Law Firms”: Insurance Law – (National) (Tier 1) 2010-2025
  • Best Lawyers® “Best Law Firms”: Insurance Law – (Atlanta) (Tier 2) 2024-2025
  • Best Lawyers® “Best Law Firms”: Insurance Law – (Chicago) (Tier 1) 2019-2025
  • Best Lawyers® “Best Law Firms”: Insurance Law – (Houston) (Tier 1) 2025
  • Best Lawyers® “Best Law Firms”: Insurance Law – (New York) (Tier 2) 2025
  • Best Lawyers® “Best Law Firms”: Insurance Law – (Orange County) (Tier 2) 2019-2023; (Tier 1) 2024-2025
  • Best Lawyers® “Best Law Firms”: Insurance Law – (San Francisco) (Tier 2) 2019-2025
  • Best Lawyers® “Best Law Firms”: Insurance Law – (Washington, D.C.) (Tier 1) 2010-2017; 2020-2025

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