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Expert Analysis

Fracking Bans May Trigger Civil Authority Coverage After All

Law360, New York (January 16, 2015, 4:03 PM EST) -- A recent Law360 article[1] suggests that civil authority coverage will not be implicated by local fracking bans because the bans will not result in a complete denial of access to the insured property. The article also claims that bans on fracking are not sufficient to trigger civil authority coverage because those bans are not a consequence of any actual property damage but, rather, they are merely a prophylactic measure to guard against future injury. The article does not, however, fully address three important issues that will impact the question of whether civil authority coverage is, in fact, triggered....

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