ISSN:1040-6026    

DOI:10.1080/10406029809379297

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

摘要:

In recent years, policyholders have formulated a liability theory of coverage predicated upon the “all sums”; language commonly found in Comprehensive General Liability policy insuring agreements. The increasing reliance on this theory by policyholders has led to some particularly unusual results in the environmental litigation context. This article discusses the legal underpinnings of the “all sums”; position and examines its continued viability in the wake of growing opposition from courts across the country.

ISSN:1040-6026    

DOI:10.1080/10406029809379298

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

摘要:

Contaminated property transactions include sales of real estate, leases, mergers, and acquisitions that involve a transfer of property that is impacted by historic pollution. Problems have been created in these transactions for parties on both sides by environmental laws that impose strict, joint and several and retroactive liability for environmental conditions on either the buyer or seller (lessor or lessee) who may have caused a release of contaminants. SEC environmental disclosure requirements have further complicated the situation by making it difficult for either party to agree to indemnify the other for such liabilities. Insurance policies have taken the place of indemnity agreements in these transactions and they can provide additional protection that addresses a wide range of environmental uncertainties. This article will consider a number of contaminated property transactions and review the use of insurance to facilitate their completion. It also provides briefcase studies that demonstrate the comprehensive nature of the protection that can be provided to neutralize environmental risks in these commercial transactions and to manage balance sheet liabilities even where the real estate is not sold.

ISSN:1040-6026    

DOI:10.1080/10406029809379299

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

摘要:

The equitable allocation of remedial response costs is the central objective of much litigation involving the cleanup of contaminated property. In reality, this objective is seldom achieved and with the strict, joint and several liability standards in CERCLA, response costs are often distributed to present owners, even though they may have no connection to historic chemical releases on the property. A recent shift in California regulatory policy is intended to expedite privately funded cleanups and reduce the transaction costs typically associated with multi‐party efforts. Sites designated for these reforms are subject to an alternative liability scheme, reduced levels of regulatory oversight, and a simplified investigative and remedial process. Through the early identification of all parties associated with the site, the parties may resolve disputes and allocate responsibility through a mediation process with the agency. De minimis settlements, contribution protection, and government funding for any orphan shares in allocated costs are also available to the parties. Beyond expediting the cleanup process, these reforms are intended to encourage the early participation of potentially responsible parties so that remedial and cost allocation issues are resolved during the investigation and cleanup, thereby reducing the need for subsequent claims litigation.

ISSN:1040-6026    

DOI:10.1080/10406029809379300

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

摘要:

Private parties engaging in voluntary cleanup operations who seek cost recovery under CERCLA must be scrupulous in complying with all requirements of the applicable version of the National Contingency Plan to avoid losing the right to recover from all responsible third parties. The distinction between removal actions and remedial actions must be carefully considered. While recovery may be had when there is “substantial compliance”; with the NCP, the requirement of public notification is mandatory. In removal actions the public must be notified of the removal action and given an opportunity to comment, whereas in remedial actions a community relations plan must be developed, interviews must be conducted, and the public must be involved in the process.

ISSN:1040-6026    

DOI:10.1080/10406029809379301

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

摘要:

The transport time required for a contaminant to move through the subsurface is frequently encountered in insurance coverage cases. Transport calculations are often offered as evidence that (1) a contaminant was released within a particular policy period or (2) a contaminant entered the soil and/or groundwater during a specific policy period. The various transport processes and the assumptions used in these calculations are presented along with examples in this article.

ISSN:1040-6026    

DOI:10.1080/10406029809379302

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

摘要:

Environmental claims and the law of insurance bad faith have had little significant interaction until recently. That state of affairs may be about to change. Consequently, lawyers and adjusters need to think through this relationship. After all, it will impact pleadings, discovery, settlement discussions, and trials. Insurance bad faith law has a significant ethical component. Lawyers and adjusters processing and litigating environmental claims need to digest this fact and plan various aspects of environmental litigation (e.g., discovery) accordingly.

ISSN:1040-6026    

DOI:10.1080/10406029809379303

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

ISSN:1040-6026    

DOI:10.1080/10406029809379304

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

ISSN:1040-6026    

DOI:10.1080/10406029809379305

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

ISSN:1040-6026    

DOI:10.1080/10406029809379306

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor