Environmental and Complex Torts Coverage

Our attorneys are experienced in representing insurers in complex, multiparty coverage disputes with potential exposure in the hundreds of millions of dollars. These claims—which may arise out of environmental contamination and pollution, toxic tort or product liability—often involve significant exposure regarding a policyholder’s core business. 

It is often critical in a large-scale loss that counsel needs to “get on the ground.” At Goldberg Segalla, we partner with the foremost industry consultants at all stages of a claim and throughout the course of coverage litigation, working to ensure that the technical aspects of each case are addressed properly. Our collective experience with the CPSC, CERCLA, RCRA and a wide variety of state statutes serves our clients well in insurance disputes.

We have handled coverage disputes regarding the release of hazardous substances from landfills; the discharge of hazardous materials from manufacturing operations; and the analysis of claims for contamination of navigable waters, aquifers and groundwater. In addition, our attorneys have successfully litigated in state and federal courts on issues such as:

  • Proper interpretation of the pollution exclusion
  • Negotiation of cost share and commutations of policies
  • Number of occurrences
  • What constitutes a “suit“
  • The scope of damages
  • Allocation of costs
  • Successor liability
  • Self-insured retentions
  • Ultimate net loss
  • Insolvency
  • Notice
  • Waiver and estoppel
  • Choice-of-law
  • Exhaustion
  • Trigger of coverage