Environmental Insurance Coverage Under CGL, Property, and D&O Policies for PFASs, ESG, NRS, CERCLA, RCRA, OPA, and Others
Pollution and Owned-Property Exclusions, Scope of Damages, Property Damage, and Occurrences
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Environmental
- event Date
Tuesday, January 7, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide counsel with a review of current and emerging trends in environmental claims, potential coverage under various commercial policies, the parameters of critical policy exclusions, and the scope of covered damages.
Mr. Seaman is a commercial litigator and trial lawyer with more than 35 years of experience. Scott is widely regarded as one of the leading attorneys in the United States representing insurers and reinsurers in property and casualty matters. He is known for employing his deep knowledge of the law and insurance industry, strategic thinking, and honed trial and appellate advocacy to produce creative solutions and outstanding results for clients. Clients regularly turn to Scott and his team for counsel and representation in challenging and high-stakes insurance and business matters. Mr. Seaman has a long track record of successfully representing companies before trial courts, appellate courts, and arbitration panels across the country in a variety of cases and matters involving general liability coverage (primary, umbrella, and excess), professional liability coverage, directors and officers liability insurance, first-party property coverage, bad faith and extra-contractual matters, fee disputes, and facultative and treaty reinsurance contracts. He also advises and represents companies on cyber, privacy, data breach, IoT, nanotechnology, gig economy, viruses and pandemics, representations and warranties, transactional insurance, social unrest, ESG, climate change, and other emerging issues, as well as a wide-range of case-specific and portfolio issues. He also has handled a variety of challenging international, professional liability, health/life science, director and officer liability, tort and product liability, and business and commercial cases.
He was named to the inaugural list of Midwest Trailblazers by The American Lawyer magazine for his "high-profile, complex insurance coverage cases nationwide, which resulted in precedent setting rulings that have altered insurance law." He is co-author of Allocation of Losses in Complex Insurance Coverage Claims (11th Ed. 2023) He is ranked Band I by Chambers USA.
Mr. Mascia’s practice concentrates in commercial litigation and insurance coverage litigation exclusively on behalf of policyholders. He has extensive experience in insurance coverage matters in state and federal court involving general liability, professional liability, and property insurance. Mr. Mascia is a frequent author and lecturer on a variety of insurance law topics.
Insurance coverage for environmental claims, including claims to recover environmental investigation, cleanup, liability, and defense costs, often raises numerous coverage issues and defenses. Current trends in environmental claims--whether PFAS, ESG, NRD, CERCLA, RCRA, or other claims--present evolving theories of liability and defenses that impact potential coverage under various policies important for counsel, claims professionals, and risk managers to understand.
Although policyholders often seek coverage under general liabilities and environmental insurance policies, they may also seek coverage under property insurance, D&O policies, and other business policies.
Under the growing concerns regarding PFAS and other "forever chemicals," what constitutes a "pollutant" when a pollution exclusion exists is frequently litigated as well as whether the exclusion bars coverage for liabilities a policyholder did not expect or intend. Counsel must also determine which costs and liabilities are covered damages under a policy.
Listen as our authoritative panel provides counsel with a review of new and emerging trends in environmental claims, potential coverage under various commercial policies, the parameters of critical policy exclusions and defenses, the scope of covered damages, and apportioning damages among insurers and policyholders.
- Trends in environmental claims
- PFAS claims
- ESG claims
- NRD claims
- CERCLA claims
- RCRA claims
- Potential policy coverage
- Policy exclusions
- Scope of covered damages
The panel will review these and other key issues:
- How can policyholders maximize coverage for environmental liabilities under existing non-environmental insurance policies?
- What are the latest case law developments regarding the pollution exclusion in CGL policies?
- What environmental costs are likely to be treated as covered damages?
Related Courses
CERCLA Liability and Reopened Superfund Sites: PRP Impact, Settlement Consequences, Insurance Considerations
Thursday, April 10, 2025
1:00 p.m. ET./10:00 a.m. PT