ISSN:1040-6026    

DOI:10.1080/10406029709379286

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

摘要:

A growing area of insurance coverage jurisprudence involves the application of the “absolute”; pollution exclusion in an indoor setting. As environmental coverage disputes expanded from outdoor releases of industrial wastes to indoor releases of products and by‐products, courts were less than uniform in their application of the exclusion. However, while policyholders have continued to argue that the pollution exclusion is ambiguous or that its terms suggest that the exclusion applies only in “environmental”; or “industrial”; settings, those assertions are increasingly falling on deaf ears. As courts are recognizing with increasing frequency, the absolute pollution exclusion contains no language limiting its scope to industrial or environmental settings, and it applies with equal force indoors and outdoors.

ISSN:1040-6026    

DOI:10.1080/10406029709379287

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

摘要:

Wisconsin has a long history of being pro‐insured in insurance coverage matters. Wisconsin courts have been particularly firm with insurers who fail to defend their insureds. When insurance coverage issues began to arise in the environmental context, there was every reason to believe that Wisconsin courts would join the numerous other courts around the nation finding coverage under comprehensive general liability (CGL) policies for environmental claims. However, the Wisconsin Supreme Court detoured from its normal pro‐insured position in its decision inCity of Edgerton v. General Casualty.InEdgerton,Wisconsin's highest court ruled that an insurer had no duty to defend because letters to potentially responsible parties (PRP letters) from the U.S. EPA or the Wisconsin Department of Natural Resources are not “suits”; and that CERCLA response costs are not “damages”; under CGLpolicies. The supreme court has limitedEdgerton,finding inHillsandWPSthat an insured that has been sued for reimbursement of response costs incurred by another party is subject to a “suit seeking damages”; and entitled to a defense. The state of the law priorto Edgerton,the impact ofEdgerton,and recent decisions inHillsandWPSlimitingEdgertonare discussed in this article, as well as other significant Wisconsin cases affecting insurance coverage for environmental claims.

ISSN:1040-6026    

DOI:10.1080/10406029709379288

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

摘要:

The “tripartite”; relationship refers to the relationship among the three parties when a lawyer is hired by an insurer to defend a suit against its policyholder. That multifaceted relationship can present actual or potential conflicts between the interests of the insurer and insured. This article reviews the sources of law governing whether a conflict exists and a series of scenarios that may pose actual or potential conflicts between the interests of the insurer and its policyholder. We also discuss how these issues may arise in the particular context of environmentally related liability and coverage cases.

ISSN:1040-6026    

DOI:10.1080/10406029709379289

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

摘要:

Many of the liability insurance policies available today are written on a “claims‐made”; basis and contain intricacies that may be raised at the time the policyholder needs its insurance the most—when a claim is made. To avoid as many insurance disputes as possible, policyholders should analyze the related trigger and notice provisions in all of their various insurnace policies to determine the events necessary to trigger each policy. This analysis can be used at the time of policy renewals to help the policyholder obtain the greatest possible consistency among the various primary, umbrella, and excess layers of general liability insurance coverage. The author alerts policyholders that some insurance policies may seek to require resolution of disputes by arbitration in the United States or even in a foreign country.

ISSN:1040-6026    

DOI:10.1080/10406029709379290

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

摘要:

In today's insurance marketplace, a growing number of insurance carriers are willing to provide some form of pollution coverage under the CGL policy. After suffering severe financial losses, the insurance industry swore only a decade ago that it would never again offer pollution coverage on standard liability policies. Many insurance companies stopped offering complete and adequate pollution policies, which left many businesses to cover their environmental losses out of their own financial resources. In 1973, the insurance industry responded to environmental discoveries like Love Canal and the other increasing pollution claims by developing and incorporating a “pollution exclusion”; clause as part of the CGL policy. A specialty insurance market, however, evolved around these events. Today, the environmental insurance market has broken out of its niche to provide pollution coverages totaling nearly $900 million in annual gross written premiums.

ISSN:1040-6026    

DOI:10.1080/10406029709379291

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

ISSN:1040-6026    

DOI:10.1080/10406029709379292

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

ISSN:1040-6026    

DOI:10.1080/10406029709379293

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

ISSN:1040-6026    

DOI:10.1080/10406029709379294

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

摘要:

William G. Ross,The Honest Hour: The Ethics of Time‐Based Billing by Attorneys(Durham, North Carolina: Carolina Academic Press, 1996), 272 pages, $35.00

ISSN:1040-6026    

DOI:10.1080/10406029709379295

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor