Key Developments in Environmental Insurance Coverage: Case Law Update

In the Summer 2023 edition of the American Bar Association's Coverage publication, Principal Nicole Weinstein (New York) and Associate Jess Kyle (Baltimore) authored an article on recent developments in environmental insurance litigation.

Recent years have seen developments in areas of environmental insurance litigation, including the COVID-19 pandemic, per- and polyfluoroalkyl substances (PFAS), and climate change actions. Courts have applied established principles of insurance law to these contexts in matters of first impression or nascent bodies of case law. Courts also continue to refine familiar insurance litigation issues, such as the scope of total pollution exclusions with respect to conventional pollutants and industry operations, timely notice of claims, and allocation of long-tail environmental claim liability among insurers. This update provides an overview of selected recent cases involving coverage for environmental issues.

Click here to read the full article.

Published in Coverage Volume 32, Number 4, Summer 2023. © 2023 by the American Bar Association or the copyright holder. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.