SDV Insights

Environmental Insights

New York Clarifies Continuous Trigger Coverage Where Not All Years Are Covered by Policies

The New York Appellate Division recently ruled that insurers who are "on the risk" in extended environmental claims do not have to contribute to years when there was no coverage available in the marketplace for the insured to purchase.

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New Jersey Jumps On Board: EPA PRP Letters are a "Suit" Under a CGL Policy

Good news for policyholders in New Jersey. A New Jersey Superior Court judge has joined the majority of states in finding that Environmental Protection Agency "potentially responsible party" letters constitute a suit under a commercial general liability policy.

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Policyholders Entitled to Qualified Counsel in Superfund Actions, Even if More Expensive Than Local Market

Qualified local environmental defense lawyers can be hard to find when the EPA cracks down on a Superfund site. These disputes can involve a huge number of parties, leaving implicated companies with few or no viable legal options in their area.

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Superfund Informational Request Triggers Duty to Defend

Policyholders may remember when it was groundbreaking for courts to characterize the EPA’s Potentially Responsible Party letters as a “suit,” triggering the duty to defend under a Commercial General Liability policy.

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Georgia's Supreme Court Extends CGL Pollution Exclusion to Lead Paint Chips

The “pollution exclusion” contained in an insured’s policy was at issue in a recent case in Georgia (Georgia Farm Bureau Mutual Insurance Co. v. Smith et al., 2016 Ga. LEXIS 245).

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New York Court Provides Relief to Policyholder in Multiple Decade Pollution Case

Did you know that insurance coverage issues can arise from events that took place over 100 years ago?

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Texas Court Rules EPA Proceedings Trigger Duty to Defend

In a significant win for policyholders, the Texas Supreme Court refused to revisit its 5-4 decision that a Potentially Responsible Party (PRP) letter from the U.S. Environmental Protection Agency constitutes a "suit" within the meaning of the Commercial General Liability policy.

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Read our New State by State Survey on CGL Pollution Exclusions

SDV is proud to introduce a new State by State survey showing each state’s interpretation of the CGL pollution exclusion.

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Why Choice of Law Matters

In our newest Case Alert, attorneys Dave Jordan and Phil Brown-Wilusz discuss the importance of choice of law assessment when it comes to insurance coverage litigation.

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