Environmental Insurance

Over the first nine months of 2007, a number of courts have issued decisions addressing environ-mental insurance issues. Courts have continued to provide guidance regarding the scope of coverage afforded under pollution liability and clean up cost cap policies as well as the proper trigger of coverage on claims made policies. Disputes continued throughout the United States as to whether clean up of contamination caused by the release of petroleum products would be covered under CGL policies containing “total” and “absolute” pollution exclusions. Internationally, the English High Court determined that the term “damages” contained in a liability insurance policy did not include statutory liabilities.

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