Insurance, ADR, and Other Environmental Areas
The regulatory world in which environmental matters arise is nearly boundless, so it is not surprising that we are frequently called upon to deal with environmental matters in subjects seemingly far removed from conventional "environmental" areas. For example, a considerable part of our practice lately has dealt with the requirements of disclosures of environmental costs and liabilities in various securities filings. Indeed, we have a considerable collection of written materials on disclosure issues, and invite you to contact us if you would be interested in receiving these. Other areas outside of traditional environmental regulations have included occupational safety and health matters, military base operations (including BRAC closures), tax and financing issues, and others. Basically, if it involves "the environment" in one way or another, chances are good that we've actually handled a similar matter or can figure it out in pretty short order.
KGL attorneys have extensive experience in prosecuting environmental claims on behalf of policyholder clients under both modern and historical insurance policies. Over the course of more than 20 years, our policyholder success have included securing coverage for asbestos-related bodily injury claims; toxic tort claims associated with pesticide plants; toxic tort, agency action defense, investigation and cleanup costs for manufactured gas plant sites; agency action defense, investigation and cleanup costs at chlorinated solvent sites; cost recovery for leaking underground storage tanks; and “reopener” defense and indemnity coverage for Brownfield sites. In addition to environmental matters, KGL attorneys have also secured coverage for such diverse claims as property damage for a transformer failure at a major chemical plant and coverage for disability resulting from ruptured breast implants. KGL’s experience includes litigating claims in state and federal courts in numerous jurisdictions, as well as mediations, arbitrations and other alternative dispute resolution proceedings. Further, we have helped clients settle almost countless insurance claims without resorting to litigation at all.
Beyond prosecuting coverage, KGL attorneys have helped clients place dozens of environmental insurance policies including liability coverage for pre-existing conditions, so-called cost cap coverage for cleanup projects, lender liability coverage, contractor liability policies, post-remediation performance warranties, regulatory reopener coverage and remediation project wrap-up programs. In many case, these efforts have included manuscripting specific policy terms as well as negotiating coverage parameters. We find our experience prosecuting claims makes us better at negotiating new policies and that insights gained from designing coverage programs improves our ability to secure coverage when a claim actually materializes. For more information on our environmental insurance experience, please contact us.
KGL also boasts an ADR practice with a focus in environmental dispute resolution. Rick Horder oversaw the entire ADR program at a major forest products and chemical company, and Skip Kazmarek is a registered neutral with the State of Georgia’s Office of Dispute Resolution. We have acted as counsel in ADR proceedings in dozens of environmental matters, and as neutrals we have successfully resolved numerous matters, acting as mediators, evaluators, arbitrators, or members of panels. Although conventional wisdom is that skills in acting as a neutral are independent of the subject matter of the controversy, we find that our extensive experience in environmental matters leads to a process and outcome that is appreciated by highly sophisticated clients and their environmental counsel.
KGL attorneys have extensive experience in prosecuting environmental claims on behalf of policyholder clients under both modern and historical insurance policies. Over the course of more than 20 years, our policyholder success have included securing coverage for asbestos-related bodily injury claims; toxic tort claims associated with pesticide plants; toxic tort, agency action defense, investigation and cleanup costs for manufactured gas plant sites; agency action defense, investigation and cleanup costs at chlorinated solvent sites; cost recovery for leaking underground storage tanks; and “reopener” defense and indemnity coverage for Brownfield sites. In addition to environmental matters, KGL attorneys have also secured coverage for such diverse claims as property damage for a transformer failure at a major chemical plant and coverage for disability resulting from ruptured breast implants. KGL’s experience includes litigating claims in state and federal courts in numerous jurisdictions, as well as mediations, arbitrations and other alternative dispute resolution proceedings. Further, we have helped clients settle almost countless insurance claims without resorting to litigation at all.
Beyond prosecuting coverage, KGL attorneys have helped clients place dozens of environmental insurance policies including liability coverage for pre-existing conditions, so-called cost cap coverage for cleanup projects, lender liability coverage, contractor liability policies, post-remediation performance warranties, regulatory reopener coverage and remediation project wrap-up programs. In many case, these efforts have included manuscripting specific policy terms as well as negotiating coverage parameters. We find our experience prosecuting claims makes us better at negotiating new policies and that insights gained from designing coverage programs improves our ability to secure coverage when a claim actually materializes. For more information on our environmental insurance experience, please contact us.
KGL also boasts an ADR practice with a focus in environmental dispute resolution. Rick Horder oversaw the entire ADR program at a major forest products and chemical company, and Skip Kazmarek is a registered neutral with the State of Georgia’s Office of Dispute Resolution. We have acted as counsel in ADR proceedings in dozens of environmental matters, and as neutrals we have successfully resolved numerous matters, acting as mediators, evaluators, arbitrators, or members of panels. Although conventional wisdom is that skills in acting as a neutral are independent of the subject matter of the controversy, we find that our extensive experience in environmental matters leads to a process and outcome that is appreciated by highly sophisticated clients and their environmental counsel.