Environmental Insurance 101

In this course, attorney John Nevius of Anderson Kill provides an introduction to environmental insurance and risk transfer, including practical tips (looking back to pre-1985 liability coverage). Looking forward, he also covers the state of the market and how developers, municipalities, and others are using specialty environmental coverage products. In addition, one major environmental issue on everyone’s mind is climate change. Accordingly, Mr. Nevius provides a brief overview of related climate-change developments, including the status of common-law-nuisance litigation, how the insurance industry is responding, voluntary SEC disclosure guidelines, and flood insurance and claim issues in the wake of natural disasters such as Hurricane Sandy and other severe weather.

Learning Objectives: 

I.     Understand basic insurance principles to avoid disputes and maximize premium value as well as the scope of the coverage available when a claim is necessary

II.    Explore how historic (circa 1970/1980 or before) liability insurance policies can offset today’s environmental liabilities and how such liabilities, and all sorts of environmental risks, can be managed and/or transferred effectively going forward using today’s insurance products

III.   Gain insight into what is happening in the areas of climate-change litigation as well as related risk management and corporate disclosure obligations, including how best to protect directors and officers from future potential environmental liabilities

IV.   Garner sophistication when it comes to how insurance works - or too often fails to work - in the real world

V.    Identify practical tips on how to avoid litigation or how to litigate and win when it comes to your environmental insurance claim