Insurance coverage for pollution-related losses is a natural outgrowth of our litigation services and remediation management. We assist our clients in locating, identifying and assembling policies; in analyzing available coverage under the law of the most favorable available forum; and in notifying, negotiating with, and if necessary litigating against insurance carriers. The firm is selective in recommending litigations, and does so only if analysis supports a favorable result.

Matters we have handled include:

• Suing a large national carrier in federal court in New Jersey for breach of contract and bad faith, seeking compensatory and punitive damages for its failure to defend and indemnify with respect to Superfund liability. The denial of coverage had been issued after an investigation that was demonstrably inadequate. The action resulted in a very favorable settlement for our client.

• Successfully settling with several American and Canadian insurance carriers on a large number of asbestos actions filed against a multi-national manufacturer of high voltage wire and cable.

• Negotiating coverage for a former manufacturing company in New York, where historic policies dating to the 1950s should afford coverage for a New York Superfund site.

• Securing a full defense, without commencing litigation, for a defendant in a $40 million claim, concerning responsibility for petroleum contamination at a large facility in New York.

• Reconstructing insurance programs and representing distributors and service station owners in securing insurance coverage for petroleum releases in New York involving claims of MTBE.

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