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Preventing Industrial Disasters in a Time of Climate Change: A Call for Financial Assurance Mandates

Financial assurance mandates (FAMs) may help induce coastal industries to invest in climate change adaptation. FAMs require companies to prove that they can pay for the liabilities they may incur—whether by drawing on their own...

"Pre-Acquisition" Coverage for Environmental Liabilities: An Analysis of the Ongoing Dispute

It is now well understood in the legal and business communities that environmental statutes may impose liability on current owners of contaminated property without regard to the fact that the environmental damage may have resulted from...

Environmental Insurance: An Introduction for the Environmental Attorney and Risk Manager

In the past decade, environmental insurance has evolved into uniquely different applications. Coverages have broadened, new products have been introduced, and premiums have decreased. Over the last few years, such insurance has also...

The California Supreme Court's Decision in Foster-Gardner and Its Impact on Insurance for Environmental Defense and Remediation Expenses

Editors' Summary: In environmental insurance litigation, coverage is often determined by the court's interpretation of key policy terms. This was just the case in Foster-Gardner, Inc. v. National Union Fire Insurance Co. of...

Responsible for Pollution? Even With the Armor of the Absolute Pollution Exclusion, Insurers May Not Be Bulletproof

Editors' Summary: In an attempt to reduce their liability for environmental claims, insurers regularly include absolute pollution exclusion clauses in their comprehensive general liability policies. Courts, however, have entertained...

The Pollution Exclusion Saga Continues: Does It Apply to Indoor Releases?

Editors' Summary: This Article addresses how courts have applied the sudden and accidental and absolute pollution exclusions of insurance policies to indoor air pollution claims. The authors focus on how a majority of the courts...

Covering Pollution Damage as a Personal Injury: A Recent California Case Bolsters Insureds' Arguments for Coverage

In 1994, a California case called Titan Corp. v. Aetna Casualty and Surety Co.1 seemed to signal the closing of the door on insureds' hopes for insurance coverage for environmental cleanups under the...

A Trial Lawyer's Perspective on the Pollution Exclusion

Editors' Summary: State and federal appellate courts are almost evenly split on the meaning of the pollution exclusion clause in standard comprehensive general liability insurance policies. The authors of this Article argue that —...