Environmental Liability Insurance Law

Environmental Liability and Insurance Recovery is for the lawyer whose practice lies at the point where two areas of the legal profession - environmental law and insurance law - intersect. These areas of the law demand the mastery of an intricately involved set of concepts, definitions, rules, and regulations - all of which are continuously developing. Insightful clarification on the topic is provided, as well as subset of the legal issues at the crossroads of environmental law and insurance law, namely, the many ways in which a party may be exposed to environmental liability and how insurance coverage may provide financial support for such liability. Topics covered include: -Statutory Liability, related to: CERCLA, the Resource Conservation & Recovery Act, clean air and clean water acts -Tort Liability including nuisance, trespass, negligence, and strict liability -The General Liability Policy -Policy exclusions and defenses to coverage -Environmental impairment liability insurance

This is the only comprehensive text on the increasingly important subject of environmental risk and insurance. The author presents many risk and insurance issues from acid rain and global warming to toxic tort law developments and the crisis with workers' compensation insurance and pollution liability coverage. This volume is the product of nearly eight years of research, which included reviewing over 250,000 pages of laws, documents, reports, and notes, as well as countless hours of investigations, interviews, and research. Basic and advanced environmental liability and insurance principles are covered, along with suggestions for financing pollution cleanups and safety programs. A new method for restructuring and improving Superfund is presented after an in-depth discussion of pertinent legal and financial issues. The book also provides local, national, and international case histories demonstrating the kinds of difficulties encountered by businesses and citizens and the solutions they have sought. All of this information, combined with the valuable charts, appendices, specimens, contracts, sample insurance policies, model letters, and certificates, makes Environmental Risk and Insurance an unmatched reference source for businesses, institutions, and government agencies caught up in the midst of analyzing their environmental risk exposures.

This report focuses on the role of insurance and reinsurance companies in the management of environmental risks - environmental pollution risk and natural catastrophe risk in particular.

Environmental liability issues will dominate the insurance market as we move into the next century. As the problem of historic pollution moves into the forefront of public consciousness, the insurance industry will increasingly be targeted as the main contributor to clean-up costs and there are enormous liabilities stored up under old policies which underwriters and insurers will seek to avoid. Inevitably insurance cover under current policies will be restricted and new policies will emerge. This book looks at the old policies and their attached liabilities and at the new risk-transfer mechanisms available. It provides: a comprehensive analysis of the issues which the insurance industry had to address and those which it will have to address in the future; the legal stumbling blocks which plague the field of environmental insurance, such as triggerage issues, exclusion clauses, historic liability, policy limitations, criminal liability and defence costs, issues affecting underwriters, and at how companies should protect their insurance positions; how old insurance policies can be made to cover historic pollution liability and how to best manage existing environmental risk and the steps that companies should be taking now. This book is essential reading for all barristers, solicitors, insurers, reinsurers, local authorities, lawyers and planners, company directors, in-house offices, lawyers, developers and environmental consultants concerned with environmental liability.

Very Good,No Highlights or Markup,all pages are intact.