What do you think?
Rate this book
Environmental Liability Insurance Law: An Analysis of Toxic Tort and Hazardous Waste Insurance Coverage Issues
An analysis of toxic tort and hazardous waste insurance coverage issues from the perspective of environmental liability insurance law.
Hardcover
First published December 31, 1995
2 people want to read
Ratings & Reviews
Friends & Following
Create a free account to discover what your friends think of this book!
Community Reviews
Displaying 1 of 1 review
August 12, 2024
For a book about environmental liability insurance and toxic torts this was actually really digestible. Abraham is a nationally recognized insurance law scholar (and a graduate of Indiana University) and it shows. He is incredibly knowledgeable on the subject and his analysis of the two major environmental insurance policies, Commercial General Liability (CGL) and Environmental Impairment Liability (EIL), was really helpful.
He starts with a few chapters on CGL’s which emerged in the 1940’s and are the policies at the center of most environmental liability litigation. Abraham dedicates an entire chapter discussing coverage triggers and “occurrences” under CGL policies and how those manifest. Allocating coverage amongst parties responsible for triggers is something that is of the upmost importance. Apportionment and comparative fault principles are invoked constantly when dealing with allocation issues. The CGL chapter regarding exclusions was also interesting, especially the pollution exclusion, and I think the idea of “moral hazard” is fascinating. Delineating between deliberate and accidental, expected and/or intentional discharge, for purposes of risk determination is a key factor in supporting moral hazard as a policy consideration of the insurer.
I love the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) and any discussion of it is fascinating to me. Administrative law is great to read about.
I also enjoyed Abraham’s chapters on EIL policies which are the more modern alternative to CGL’s. EIL policies often lack the “long tail” component of CGL’s that lead to litigation involving parties who have occupied a single tract of land but have not been present there for decades. He does a nice job comparing the two.
It will be interesting to track the development in this area as more and more PFAS, forever chemical, and microplastic litigation begins to bubble up to the surface and replace the longstanding King of Toxic Torts: asbestos.
He starts with a few chapters on CGL’s which emerged in the 1940’s and are the policies at the center of most environmental liability litigation. Abraham dedicates an entire chapter discussing coverage triggers and “occurrences” under CGL policies and how those manifest. Allocating coverage amongst parties responsible for triggers is something that is of the upmost importance. Apportionment and comparative fault principles are invoked constantly when dealing with allocation issues. The CGL chapter regarding exclusions was also interesting, especially the pollution exclusion, and I think the idea of “moral hazard” is fascinating. Delineating between deliberate and accidental, expected and/or intentional discharge, for purposes of risk determination is a key factor in supporting moral hazard as a policy consideration of the insurer.
I love the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) and any discussion of it is fascinating to me. Administrative law is great to read about.
I also enjoyed Abraham’s chapters on EIL policies which are the more modern alternative to CGL’s. EIL policies often lack the “long tail” component of CGL’s that lead to litigation involving parties who have occupied a single tract of land but have not been present there for decades. He does a nice job comparing the two.
It will be interesting to track the development in this area as more and more PFAS, forever chemical, and microplastic litigation begins to bubble up to the surface and replace the longstanding King of Toxic Torts: asbestos.
Displaying 1 of 1 review