A Pollution Exclusion Primer: A Review of General Liability Pollution Exclusions & Their Application to Emerging Environmental Risks

Policyholders routinely look to general liability insurance for all manner of claims that do not fall “neatly” into some other type of coverage, such as fire insurance or D&O insurance. In the wake of CERLA (the “Superfund Act”) and similar state laws in the 1980’s, owners and operators of contaminated land began to tender clean-up claims to their insurers, which often resisted coverage on grounds that their policies excluded coverage for bodily injury or property damage caused by pollution. The issue was hard-fought in the 1980’s and 1990’s and came to a sort of détente with the creation of the so-called “absolute pollution exclusion” and revisions in various policy forms to provide an updated definition of “pollution.” But the emergence of new classes of risk – including the so-called “forever” chemicals commonly known as PFAS and associated contamination, as well as classes of risk that are alleged to be caused by climate change – are causing policyholders to reexamine the scope and reach of pollution exclusions.

 

This program will offer a primer on pollution exclusions in general liability insurance policies. It will review historical and current wording, offer an overview of the coverage decisions as they stood at the end of the 1990’s, and examine coverage for emerging claims.

 

Learning Objectives:

 

• Understand the typical wordings of pollution exclusions in general liability insurance policies. Review major cases interpreting and applying those exclusions.

• Examine the “absolute” pollution exclusion

• Identify emerging claim types that implicate the exclusions, such as PFAS contamination and losses alleged to be affected by climate change.

• Consider how courts may construe coverage for those claims.

 This live webinar is eligible for both CLE and CPE credit.
 
NOTE: CPE/CLE credit for attendees are subject to participation and approval by the governing boards.
NASBA CPE ACCREDITATION INFORMATION
Learning Level: Beginner
Prerequisites: None
Field of Study: Specialized Knowledge
Delivery Method: Group Internet Based
 
 
West Professional Development is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.

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John Harding has more than thirty years of legal experience in the areas of insurance coverage litigation, reinsurance disputes and arbitrations and bad faith litigation. He represents domestic and foreign insurers on a national basis in coverage disputes under CGL, excess, umbrella, commercial property, homeowners, auto and other specialized policies.
 
His experience includes the handling of claims arising out of underlying environmental, asbestos, products, pharmaceutical, medical device, employment discrimination, technology, construction, tort and other liabilities, as well as a range of first-party losses. John has represented both the ceding company and the reinsurer side, as well as extensive experience in trying complex cases to juries and courts, including a number of multi-phased proceedings. Additionally, John has managed numerous appeals in both state and federal courts across the nation, addressing pivotal legal matters central to contemporary coverage litigation. He has also been involved in several Bermuda form arbitrations in New York and London. 
 
 A featured presenter at many national conferences on insurance coverage, reinsurance, claims handling and bad faith litigation, John has provided programs sponsored by IADC, DRI, Mealey’s Insurance, the Emerging Environmental Claims Managers Association, FETTI, American Conference Institute, the Complex Insurance Claims Association and PLRB. He also provides educational programs to numerous in-house claims organizations and is the author and editor of multiple insurance related publications. 
 
 
Alex Henlin has 20 years of experience counseling and representing insurers and reinsurers in arbitrations, litigation and alternative dispute resolution proceedings across New England. He has served as lead counsel in both trial court and appellate proceedings and brings a practical perspective on intricate insurance coverage matters. Well-versed in primary and excess-layer insurance programs, encompassing both first-party and third-party risks, Alex frequently addresses coverage issues in general liability, D&O, E&O and professional liability policies, including emerging risks.
 
Alex has guided both cedants and reinsurers in arbitration, handling facultative certificates and treaty programs. He routinely advises both ceding and reinsuring companies on their rights and responsibilities. Alex's experience includes the defense of consumer financial claims against lenders and loan servicers, and he has successfully defended his clients before both trial and appeals courts across the New England region, in addition to finding resolution to dozens of other claims.
 
Outside the office, Alex is an active part of his community. He is a past chairman of American Legion New Hampshire Boys State and remains dedicated to the program, and he previously served as president of the Georgetown Club of Boston. A passionate amateur historian, Alex enjoys exploring the main streets and back roads of New England and spending time outdoors with his family.