Under New York Law, property damage is deemed to occur within the period of an occurrence-based policy, if injury-in-fact takes place during the policy period. See Continental Casualty Co. v. Rapid-American Corp., 177 A.D.2d 61 (App. Div., 1992). An insurer may only refuse to defend an action, however,
Pollution Legal Liability (PLL) policies protect policy holders against third-party claims for property damage, personal injury and cleanup costs relating to environmental contamination. Typically, a PLL policy will protect can the insured party from loss arising from pollution conditions at or emanating from the insured Site. Depending upon the specifics, a PLL policy will by […]
Cost-Cap insurance policies pay for costs that exceed the estimated cost of a remedial plan. These policies typically have large “co-insurance” and deductible provisions, so that the insured must still pay a significant portion of the cost overruns. Policies are also available to cover contractors and consultants for environmental liabilities.
New York’s Oil Spill Act, Article 12 of the New York Navigation Law, provides a natural and attractive starting point for people seeking to recover cleanup costs for petroleum spills. The Act imposition of strict liability holds out the promise of avoiding litigation over events and states of mind for which little or contradictory evidence […]
So, what are the implications of the background principles of law discussed in earlier blogs, and what principles overall should govern how your environmental lawyer makes herself really useful to you in the process?
Three Overarching Tasks and Principles or considerations for both Buyer and Seller that emerge from this:
We devote a whole blog to this because it’s one of those areas where standard practice in the field, pre-environmental law, has been totally overtaken by cases where “as is” clauses intersect with environmental problems
