Larry D. Mason, a partner in Goldberg Segalla’s Global Insurance Services and Environmental Law practice groups, spoke with Law360 regarding insurance considerations in relation to the derailment of a Norfolk Southern Railway train in East Palestine, Ohio.

Larry said there will be insurance claims primarily for personal injury or environmental issues. There is also a possibility for multidistrict litigation developing to consolidate the personal injury suits moving forward, which Larry said is favorable for insureds and could provide some “sanity” to the chaos of wide number of suits.

“With that sanity comes some economies of scale in coordination and improved case management, which can hopefully help reduce defense costs,” he said.

Larry also explained it is unlikely the railway’s general liability policy would provide coverage for forthcoming environmental-related suits, but that “It’s not uncommon for a major transportation entity like Norfolk Southern to have environmental coverages to supplement their [commercial general liability policy].”

Additional environmental coverage would be considered common for companies transporting hazardous materials, he noted, adding insurance also will come into play with debris cleanup and repairs to damaged rail carts.

READ THE FULL ARTICLE HERE:
“Ohio Derailment Expected to Pull in Insurers on Many Fronts,” Law360, March 1, 2023 [Subscription Required]

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.