Part V: Understanding Environmental Coverage Insurance Coverage is part of Chapter 5: Commercial Lines, Worker's Compensation, First Party, Employee Fidelity, Environmental and Additional Insured Coverage of the LexisNexis Practice Guide New Jersey Insurance Litigation. Distilling over 20 years of experience from two distinguished New Jersey insurance law practitioners Robert B. Hille and Mark Vespole, the LexisNexis Practice Guide New Jersey Insurance Litigation is a reliable roadmap through the complex and multi-faceted practice area of insurance law that combines how-to practice guidance, 49 task-oriented checklists, 120 strategic points, warnings, timing tips to prevent practice missteps, and cross-references to specific state and federal legislation, case law, and sources detailing the features of, and requirements for, insurance coverage in New Jersey.
The authors begin the section with section 5.21 a checklist listing all of the tasks associated with preparing for environmental litigation including links to relevant New Jersey caselaw. Most importantly, in section 5.22 Hille and Vespole help practitioners evaluate the complex choice of law rules associated with environmental litigation due to insurers operations usually involving several states. The authors are clear to point out that environmental insurance coverage was first afforded under various historical versions of the CGL policy based upon judicial interpretation of certain terms and definitions in those polices. Currently, however, environmental coverage is frequently underwritten either as a highly specialized stand-alone policy or coverage part added by endorsement to a CGL or professional liability policy. Section 5.22 discusses understanding accident and occurrence language of the policy in both non environmental contexts and environmental contexts. Lastly, section 5.24 instructs practitioners on determining coverage for environmental cleanup costs.
The authors end that chapter with a strategic point:"Practitioners should be aware that there are other types of policies other than CGL policies that provide environmental liability insurance. These policies have proliferated during the past 10-15 years and there is very little case law interpreting them. These polices include the following: environmental site protection; remediation; cost cap; lender environmental site protection; environmental liability transfer; contractors environmental protection; and blended finite insurance."
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