The Absolute Pollution Exclusion Continues To Weaken

Law360, New York (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...
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