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.
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
John G. Nevius is a shareholder in the New York office of Anderson Kill and is chair of the firm's Environmental Law Group. Mr. Nevius has successfully resolved and litigated a variety of legal and technical matters, most of which involve insurance coverage. He provides advice and scientific expertise on a wide range of engineering issues and has represented numerous Fortune 500 companies. Mr. Nevius has extensive experience trying or arbitrating complex environmental, telecommunications, construction, real estate and work-place safety disputes on behalf of policyholder clients.
Mr. Nevius has a broad range of legal experience, but is considered an expert on environmental insurance, including general liability, pollution legal liability (PLL), clean-up costs cap (CCP), finite risk, financial assurance and so-called pollution exclusions. Mr. Nevius is co-author with Eugene R. Anderson of a treatise on Brownfields Law and Practice involving clean up and redevelopment of contaminated real estate and the use of environmental insurance. He is routinely retained by policyholders, developers and other lawyers to evaluate, and maximize, recovery of insurance assets. He is also a Senior Consultant at Anderson Kill Insurance Services (AKIS), a non-legal subsidiary of the firm as well as an Adjunct Faculty member at Pace University Law School where he teaches Science for Environmental Lawyers as well as the inaugural Insurance class as part of the World's first Climate Change LLM Program.
Mr. Nevius has a J.D. from Pace University School of Law with a concentration in environmental law. He has Masters degrees in Civil/Systems Engineering as well as Geology from the University ofPennsylvania. He also has a B.S. in Geology/Geophysics from the University of Connecticut.
Mr. Nevius is a Registered Professional Engineer (PE 045229E) and was a Senior Project Manager/Hydrogeologist at the U.S. EPA for more than 8 years. He has written and lectured widely on insurance coverage and environmental issues, including Brownfields and clean-up provisions of federal and state environmental laws (generally RCRA and CERCLA a/k/a Superfund). At EPA, he provided technical and enforcement support to Region III's Criminal Enforcement Branch, the Inspector General and the FBI. Mr. Nevius is the author of two Records of Decision (RODs), has testified as an expert witness in federal court and received an EPA National Excellence in RCRA Enforcement award and a Bronze Medal.
In 2010, Mr. Nevius was selected by his peers to Super Lawyers for Insurance Coverage.
In 2010, Mr. Nevius was also selected for the Editorial Board of the Environmental Claims Journal.
Mr. Nevius has represented numerous corporations, including such household names as American Standard, Arrow Electronics, Brooks Brothers, Clorox (First Brands), Cyprus Amax Minerals, DynCorp, Freeport McMoRan, Henry Schein, Jacobs Engineering, Murphy Oil, PPM America, Pulte Homes, Purdue Pharma, Reynolds Metals, Samsung, Savin, Sbarros, Sprint, Structure Tone,Tektronix, Texas Instruments, Textron, Thiokol, TransCanada, Waste Management, Weyerhaeuser, and Yukon Nevada Gold Corp. Mr. Nevius has also represented the State of California, and the Canadian provincial Government of the Yukon, as well as several Brownfield developers and lenders, including Commerce Bank, Valley National Bank and JP Morgan Chase.
Major Cases, Trials and Arbitrations
Mr. Nevius has been directly involved in obtaining favorable outcomes for policyholder clients in the following:
NA Dulles Real Estate Investors, LLC v. Chicago Title Insurance Company, Index No. 10-44582 (Dist. Ct., Suffolk County) (filed January 31, 2011) (Real Estate-Development Dispute Involving Access and Title Insurance)
Triangle Aviation Services, Inc. v. Fenley & Nicol Environmental, Inc., Docket No. 600228/2010 (N.Y. Sup. Ct. Nassau Cty.) (filed March 31, 2010) (As Yet Unresolved Environmental Dispute)
Sprague Energy Corp. v. American Home Assurance Company, a wholly owned subsidiary of American International Group, Inc. ("AIG"), a/k/a American International Underwriters ("AIU"), Civ. Action No. 1:09-cv-01136 (AWT) (D. Conn) (filed July 20, 2009) (Environmental Insurance Coverage Dispute)
Queenstake Resources U.S.A., Inc. v. American Int’l Specialty Lines Ins. Co. (AIG), Civil Action No. 07-CV-00148 (D. Colo. filed January 19, 2007) (International Arbitration – Mine Financial Assurance)
Arrow Electronics, Inc. v. Aetna Cas. & Sur. Co., et al., Case No. BC342044 (Cal. Super., L.A.County (filed October 26, 2005) (Environmental Coverage Action – General Liability)
Benenson v. Mass. Mut. Financial Group, (Cal. Super. Ct., Los Angeles Cty., No. BC 296920) (filed November 3, 2004)
Tensolite Co. v. Flextronics Int’l Ltd., Scanfil Oy and Nokia, Inc., Civil Action No. 03-CV-9675 (S.D.N.Y. filed December 5, 2003) (International Arbitration – Telecommunications)
Employers Ins. of Wausau v. Tektronix, Inc., No. CCV 9908032 (Or. Cir. Court, Clackamas County) (August 2002) (Environmental Coverage Trial – General and Environmental Impairment Liability)
Waste Management, Inc. v. Admiral Ins. Co., et al, Docket No. HUD-L-931-92 (N.J. Super., HudsonCounty) (November – December 2001) (Environmental Coverage Trial)
ZRZ Realty Co., et al. v. Beneficial Fire & Cas. Co., et al, Circuit Court No. 9708-06226 (Or. Cir.,Multnomah County) (October – December 1999) (Environmental Coverage Trial)
Cascade Corp. v. American Home Assur. Co., et al, No. 9205-03083 (Or. Cir., Multnomah County) (July – October 1998) (Environmental Coverage Trial)
Published Legal Decisions
Mr. Nevius has represented clients in the following reported decisions:
ZRZ Realty Co. v. Beneficial Fire and Casualty Ins. Co., et al., 222 Or. App. 453, 194 P.3d 167 (Oct. 1, 2008), modified 225 Or. App. 257, 201 P.3d 912 (Jan. 14, 2009)
Federal Ins. Co. v. Samsung Electronics Am., Inc., et al., 268 S.W.3d 506 (Tex. 2008)
Employers Ins. of Wausau v. Tektronix, Inc., 211 Or. App. 485 (2007)
Cascade Corp. v. Am. Home Assurance Co., et al., 206 Or. App.1 (2006)
Hold Bros., Inc., et al. v. Hartford Cas. Ins. Co., Case No. 04 Civ. 7223 (SAS) (S.D.N.Y., Jan. 27, 2005)
Pulte Home Corp. v. Fidelity and Guar. Ins. Co., 2004 WL 516216 (Va. Cir. Ct., Feb. 6, 2004)
Soho Plaza Corp. v. Nationwide Mut. Ins. Co., 2003 WL 22255005 (N.Y.A.D. 1st Dept. Oct. 2, 2003)
Textron Inc. v. Aetna Cas. & Sur. Co., 754 A.2d 742 (R.I. 2000)
R.E.O., Inc., et al. v. The Travelers Cos., No. CV 9503725225 (Conn. Super. 1998)
Thiokol Corp. v. Certain Underwriters at Lloyd's, London, No. 96-CV-028-B, 1997 WL 33798359 (D. Utah 1997)
St. Paul Fire & Marine Ins. Co. v. McCormick & Baxter Creosoting Co., Inc., 324 Or. 184 (1996)
American Bar Association: Climate Change Subcommittee of the Insurance Coverage Litigation Committee of the Trial & Insurance Practice Section; American Geophysical Union; American Society of Civil Engineers; The Bar Association of the City of New York; The Commerce & Industry Association of New Jersey; The Connecticut Business & Industry Association: Environmental Policies Council; The New York State Bar Association: Environmental Insurance Subcommittee; The Risk and Insurance Management Society (RIMS); Chairman, Law Committee of The Holland Society of New York; and Trustee, The Holland Society of New York.
Mr. Nevius lives in Brooklyn with his wife, Alison A. Hess, C.P.G., a Senior Project Manager for the EPA and daughters, Anne and Kathleen. John is a Trustee of the not-for-profit Brooklyn Free Space, a cooperative pre-school. John also is a life-time member of the Holland Society of New York and is a direct descendent of Johannes Nevius, an emigrant from Holland who was the Secretary of New Amsterdam/New York in 1650-60.
Pace University School of Law, J.D.
Certificate in Environmental Law; American Jurisprudence Award
University of Pennsylvania, M.S.E.
University of Pennsylvania, M.S.
University of Connecticut, B.S.
Very well done.
Very informative and well organized
Great speaker. Great subject matter. Thanks.
Very good job.
I appreciate the detailed presentation materials.
Excellent job on complex material.
Very thorough coverage of topic.
Made a "dry" topic very interesting.
Surprisingly interesting. Really kept my attention
Good but very basic primer of insurance generally
Great course. A lot was packed into a little bit of time. Very efficient and effective.
The presenter is well qualified and an excellent speaker.
Nice synopsis of difficult subject matter.
presenter was very good
Very knowledgeable speaker, very interesting and informative course
Great presentation materials!. Tremendous effect on a difficult topic.
Relevant beyond just environmental law.
Great presentation and speaker.
New area of environmental law for me. Enjoyed the topic - a fellow geologist/engineer/lawyer!
informative, and in depth. Helpful.
Good summary of the issues related to this topic.
A very solid introduction to environmental insurance. Good practice tips as well.
Excellent presentation. Very clear and informative.