Larry D. Mason, a partner in Goldberg Segalla’s Global Insurance Services and Environmental Law practices, spoke with Law360 regarding coverage disputes between insurers and policy holders regarding lawsuits that allege linkages between policyholder companies’ activities and environmental impacts.  

Larry delved into an example of a case in which general liability policies are the central focus. The underlying suit against the policyholder seeking coverage focuses on alleged violations of environmental laws and lack of preparation for weather events. “There has to be either bodily injury or property damage alleged in the underlying complaint in order for there to be coverage, and it’s not there at all,” he explained in this case. 

Further, he discussed the scenario in which a dispute might involve older policies that are devoid of physical copies. “The burden of proof is going to be on the policyholder to prove the existence and hopefully, ultimately, the terms and conditions of those provisions,” Larry concluded. 

READ THE FULL ARTICLE:   “Winning Climate Change Coverage Likely to Be a Tall Order,” Law360, September 30, 2022

MORE ABOUT GOLDBERG SEGALLA’S LARRY D. MASON:

Larry D. Mason is a renowned trial and appellate litigator and counselor to many national and international businesses across diverse industries. Based in Chicago but with experience litigating and counseling clients through complicated and high-profile matters across the country and internationally, he dedicates most of his practice to insurance coverage, reinsurance, commercial litigation, environmental and toxic torts, and complex insurance regulatory matters. He also focuses on professional liability for clients in insurance, environmental, construction, and related industries; products liability; and identifying emerging risks. He brings his extensive experience to leadership positions in the firm, where he is chair of the Environmental and Mass Torts Coverage, First-Party Property, and Construction Coverage subgroups.