ISSN:1040-6026    

DOI:10.1080/10406029709383883

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

摘要:

Attempts by some courts to maximize insurance coverage in cases before them have resulted in some unfortunate and diverse rulings as to which policy periods should be implicated and how to assess the amount of costs attributable to policy periods when an insured is responsible for remediation costs to clean up contamination. This article argues for a manifestation trigger of coverage because it follows the fundamental principles of insurance law, provides simplicity and certainty as to date of loss, and avoids allocation battles. An injury‐in‐fact trigger is an alternative approach which is consistent with most insurance contracts as long as the insured demonstrates that some actual damage occurred during the policy period. This article advocates the pro rata time‐on‐the‐risk allocation approach adopted in Northern States Power when multiple periods of time are triggered, and disagrees with the joint and several liability allocation approach adopted in Keene and recently in CSXT. Some courts’ allocation analyses have drifted further and further away from the insurance contracts, as in the CSXT action, and have merely focused on the maximization of insurance coverage.

ISSN:1040-6026    

DOI:10.1080/10406029709383884

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

摘要:

Lead poisoning has been characterized as the number one environmental threat to the health of children in the United States. Recent state and federal regulations are helping to alleviate the problem, but the “solution” is placing an immense financial burden on building owners, landlords, and paint manufacturers. Many individuals and businesses shouldering this financial burden, however, may not be aware that they already have purchased liability insurance to cover lead‐based paint liability. A survey of applicable lead‐based paint insurance coverage cases indicates that many types of standard form liability insurance policies cover not only defense and indemnity costs of lead‐poisoning personal injury actions, but also costs expended in abatement of lead‐based paint hazards.

ISSN:1040-6026    

DOI:10.1080/10406029709383885

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

摘要:

Court rulings over the past decade in insurer/policyholder disputes have established that liability policies dating back to the 1960s and earlier can provide millions of dollars in coverage to policyholders with environmental liabilities. Many policyholders, however, are unable to locate their old policies and find that their insurers and brokers cannot either. Policyholders who have destroyed or lost their policies will need to reconstruct their coverage from secondary evidence. If they wind up in court, the policyholders have the burden of proof and must show that (1) they conducted a diligent search for the policies but could not locate them; (2) the policies did, in fact, exist; and (3) the key coverage terms in the lost policies are, in fact, as claimed by the policyholders. A survey of reported cases reveals that courts have differed widely over the nature and extent of secondary evidence sufficient to prove the existence of a lost policy. The reported cases underscore the importance of convincing the reviewing court to apply the “preponderance of the evidence” standard of proof on this issue, rather than the “clear and convincing” standard. Regarding policy exclusions, courts have uniformly held that once a policyholder proves the existence of the policy and the key terms of coverage, the insurer then has the burden of proving the existence and wording of exclusions in the policy.

ISSN:1040-6026    

DOI:10.1080/10406029709383886

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

摘要:

Insurance companies have an affirmative duty to their policyholders to disclose information regarding the potential for coverage under their policies. This duty is based on several principles, including contract law, the duty of good faith and fair dealing, the reasonable expectations doctrine, and the law of fraudulent expectations. Insurance companies, however, have been loath to comply with the duty to disclose, particularly in cases involving coverage for environmental liability.

ISSN:1040-6026    

DOI:10.1080/10406029709383887

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

摘要:

New Jersey courts are home to large numbers of multisite, multistate environmental insurance coverage cases. On June 4, 1997, the New Jersey Supreme Court granted leave to appeal choice‐of‐law issues in several such cases. While many observers had believed that the law of each polluted jurisdiction would be applied on a site‐by‐site basis in such cases, two New Jersey trial judges have now ruled instead that the law of a single jurisdiction should apply to all sites in these cases. Seeking to apply the law of a single jurisdiction is a sound approach, consistent with decisions in many other jurisdictions and generally superior to the law‐of‐the‐site approach. However, emergence of the single‐jurisdiction approach requires that New Jersey courts develop sound and consistent approaches in identifying the single jurisdiction having the most dominant and significant contacts with the case. Very frequently, proper analysis will demand application of the law of New York or another jurisdiction outside New Jersey. New Jersey courts must avoid straining to apply New Jersey law to the claims of out‐of‐state companies that bought their policies elsewhere.

ISSN:1040-6026    

DOI:10.1080/10406029709383888

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

摘要:

Nothing strikes as much fear in the hearts of some litigants as learning that a case determining their legal rights will be decided in Texas. In the context of coverage disputes involving environmental claims, this fear is largely unjustified. The following is an overview of Texas law as it applies to coverage issues under CGL policies for environmental claims. There are still many determinative issues being decided. The overall approach brought to these determinations by Texas law should perhaps, like Machiavelli's Prince, be feared but not hated.

ISSN:1040-6026    

DOI:10.1080/10406029709383889

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

ISSN:1040-6026    

DOI:10.1080/10406029709383890

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

ISSN:1040-6026    

DOI:10.1080/10406029709383891

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

ISSN:1040-6026    

DOI:10.1080/10406029709383892

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor