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 […]
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 […]
Pollution exclusions were first introduced in insurance policies beginning in the early-1970‚ to remove any doubt that may have existed in connection with coverage for damage caused by pollutants which were released as a normal part of the insured‚ business operations. By the late-1980‚ however, most insurance policies included ‚ absolute‚ pollution exclusions.
A typical Commercial General Liability (CGL) insurance policy includes two duties: (1) the duty to defend; and (2) the duty to indemnify. The duty to defend, when triggered, obligates the insurer to provide the insured legal counsel to represent them and to defend them from claims, including claims that may ultimately prove to invalid, or […]
A typical Commercial General Liability (CGL) insurance policy covers claims made by third parties for damages the insured party is legally obligated to pay as the result of an “occurrence” resulting
