Larry D. Mason, a partner in Goldberg Segalla’s Global Insurance Services and Environmental Law practices, spoke with Law360 regarding suits in which policies under contention are missing physical copies.
Larry delved into a case in which a policyholder filed a suit seeking coverage related to a climate change suit under policies that it attained in the late 1970s, and early 1980s, from its insurer’s predecessor.
He explained that because the missing policies could not be located, and that the insurer’s expressed coverage for an underlying climate change suit was not likely due to mid-1980s policies, the burden is on the policyholder.
“The tip of the iceberg has been demonstrated by [the policyholder], because it said it has some records somewhere that it had policies issued by [predecessor insurer], and it has policy numbers and a policy period,” Larry said. “But they don’t know the terms and conditions, which is the policyholder’s burden of proof.”
He concluded that the “real fight is with the policy that exists,” referring to the coverage position expressed by the insurer in their declination letter.
READ THE FULL ARTICLE: “Not All Missing Policy Cases Require Sherlock Holmes” Law360, October 7, 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.