ISSN:1040-6026    

DOI:10.1080/10406029509379237

出版商:Taylor & Francis Group    

年代:1995

数据来源: Taylor

摘要:

Businesses and individuals continue to be confronted by pollution claims and lawsuits brought by government agencies and neighboring property owners. In turn, insurance companies are asked to defend and indemnify policyholders named in these pollution claims and suits. However, policyholders’ insurance policies often contain pollution exclusions that preclude coverage for all pollution‐related claims except those that are the result of a “sudden and accidental”; discharge. This coverage exception has proven to be one of the most litigated in insurance coverage disputes. This article discusses several issues that policyholders and their insurance carriers continue to litigate regarding the application of this exception to various types of pollution claims.

ISSN:1040-6026    

DOI:10.1080/10406029509379238

出版商:Taylor & Francis Group    

年代:1995

数据来源: Taylor

摘要:

This article analyzes the extent to which the qualified pollution exclusion commonly found in comprehensive general liability policies issued between 1970 and 1985 can be invoked as a bar to coverage for environmental liability claims arising from landfill dumping. The majority of courts that have considered the question have held that the plain language of the pollution exclusion bars coverage for such liabilities. The act of placing toxic substances into unlined ponds or landfill burial pits is an intentional discharge into or upon land and any subsequent spread into the surrounding environment “arises out of”; that intentional discharge. Therefore, the qualified pollution exclusion should preclude coverage for generator site liabilities and provide a powerful and legitimate means by which insurers can deny coverage for many environmental claims.

ISSN:1040-6026    

DOI:10.1080/10406029509379239

出版商:Taylor & Francis Group    

年代:1995

数据来源: Taylor

摘要:

This article explains the Illinois Estoppel Doctrine, which holds that an insurer that has breached its duty to defend will be estopped from denying coverage in any action by the insured to collect policy proceeds. The article recounts the development of this doctrine as a recognition of the fundamental nature of the duty to defend and explains that the doctrine provides an important deterrent to prevent insurers from abandoning their policyholders when they are sued, as well as permits insurers to bring prompt declaratory actions when legitimate coverage issues are presented by a suit. The article concludes that the Illinois Estoppel Doctrine is fair to both insurers and insureds and plays a key role in Illinois insurance law.

ISSN:1040-6026    

DOI:10.1080/10406029509379240

出版商:Taylor & Francis Group    

年代:1995

数据来源: Taylor

摘要:

Many reinsurers resist paying mass tort and environmental claims. One of their key arguments is to urge that developments in American tort law took them (and everyone else) by surprise and hence that it is unfair for them to pay. This argument is wrong for three reasons. First, the common law develops and changes. Everyone knows that this change is a risk that (reinsurers assume. Second, the rise of enterprise and strict liability in the United States was a well‐foreshadowed, forecastable trend. Third, if a reinsurer did not see (or, atleast, sense) this development coming, then it received obtuse legal advice. This article focuses on the second of these three reasons.

ISSN:1040-6026    

DOI:10.1080/10406029509379241

出版商:Taylor & Francis Group    

年代:1995

数据来源: Taylor

摘要:

This article discusses the availability of insurance coverage for EMF‐based bodily injury, personal injury, and property damage claims in light of asbestos and environmental contamination cases. Many of the insurance industry's frequently asserted defenses in denying coverage in asbestos and environmental contamination cases are unavailable or inapplicable to potential liabilities based on injury or damage from EMFs. Perhaps of greatest significance, the insurance industry has expressly recognized that the pollution exclusion, which has eliminated coverage in many environmental and asbestos cases, is inapplicable to EMF claims. Accordingly, CGL insurance should cover defense and indemnification costs for most EMF‐based claims.

ISSN:1040-6026    

DOI:10.1080/10406029509379242

出版商:Taylor & Francis Group    

年代:1995

数据来源: Taylor

摘要:

Environmental and asbestos liabilities area growing concern for the insurance industry. Asbestos claims began to emerge in the 1960s, the enactment of Superfund in the 1980s prompted the emergence of environmental claims. These types of claims are made against policies sold decades before. Although the ultimate costs of asbestos and environmental liabilities are unpredictable, current dollar estimates for the insurance industry are in the billions. In an effort to quantify these liabilities and document the various loss reserving methods used, insurance regulators have developed disclosure requirements. These disclosure requirements are expected to be an invaluable tool to insurance regulators as well as to insurance companies and rating agencies.

ISSN:1040-6026    

DOI:10.1080/10406029509379243

出版商:Taylor & Francis Group    

年代:1995

数据来源: Taylor

ISSN:1040-6026    

DOI:10.1080/10406029509379244

出版商:Taylor & Francis Group    

年代:1995

数据来源: Taylor

ISSN:1040-6026    

DOI:10.1080/10406029509379245

出版商:Taylor & Francis Group    

年代:1995

数据来源: Taylor

ISSN:1040-6026    

DOI:10.1080/10406029509379246

出版商:Taylor & Francis Group    

年代:1995

数据来源: Taylor