The Absolute Pollution Exclusion Continues To Weaken

By Carl Salisbury, Bramnick Rodriguez Grabas Arnold & Mangan LLC (May 12, 2017, 12:11 PM EDT) -- Beginning in the early 1980s, an explosion of litigation across the country occurred, in which corporate policyholders sought insurance coverage for billions of dollars in defense and indemnity for environmental liabilities. The passage by Congress in 1980 of the Comprehensive Environmental Response, Compensation and Liability Act, or CERCLA, was the catalyst for an ensuing cottage industry in coverage lawsuits. Corporate policyholders large and small received "Potentially Responsible Party" letters from the U.S. Environmental Protection Agency and from state departments of environmental protection, holding them strictly liable for the creation, transportation and disposal of hazardous wastes at thousands of private and municipal landfills across the country. A small handful of visionary lawyers in those early days believed — correctly, as it happens — that the standard comprehensive general liability insurance policy that essentially every company in America had been purchasing since the 1940s might provide coverage for this new kind of statutory liability....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!