Plastics Liability Litigation and Complex Insurance Coverage Issues: Challenges and Strategies
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will discuss from a policyholder’s perspective the flood of major liability challenges and complex coverage issues arising from plastics litigation. The panel will offer to coverage and litigation counsel insight into the nature of claims being asserted and the types of defendants who are targets. The panel also will offer a policyholder side perspective on arguments supporting insurance coverage and challenges faced in obtaining coverage under various types of policies, the likelihood of coverage being found, and why.
Outline
- Rise of plastics pollution litigation
- Applicable laws and regulations
- Nature of claims being alleged
- Activities and products targeted
- Theories
- Settlements, dismissals, and lessons learned
- Types of insurance policies where defense or indemnity coverage may exist
- Potential challenges to coverage
- Exclusions
- Intentional vs. accidental
- Related claims
- Number of occurrences
- Triggers
- Allocation issues
- Recent cases finding coverage
- Recent cases finding no or limited coverage
Benefits
The panel will review these and other key issues:
- What industries or products give rise to these types of claims?
- Key insurance policies to consider, ways to maximize coverage, and potential challenges to coverage.
Faculty
Arie T. Feltman-Frank
Associate
Jenner & Block
Mr. Feltman-Frank focuses on environmental and workplace health and safety law. His science background and past legal... | Read More
Mr. Feltman-Frank focuses on environmental and workplace health and safety law. His science background and past legal work at the United States Environmental Protection Agency and Department of Justice—spanning enforcement to defense to administrative adjudication—allow him to approach cases in a much more sophisticated manner and advance clients’ interests effectively and efficiently. Mr. Feltman-Frank has worked on cases arising under the major federal environmental laws, including the Clean Air Act, Clean Water Act, Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), National Environmental Policy Act, Resource Conservation and Recovery Act, Rivers and Harbors Act, and Safe Drinking Water Act. He has also worked on cases arising under state equivalents. Mr. Feltman-Frank is a Co-Chair of the Chicago Bar Association Young Lawyer Division's Environmental Law Committee and maintains an active pro bono practice.
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Brian S. Scarbrough
Partner
Jenner & Block
Mr. Scarbrough has recovered more than $1 billion in insurance proceeds for policyholders. He... | Read More
Mr. Scarbrough has recovered more than $1 billion in insurance proceeds for policyholders. He is Chambers-ranked for his policyholder work and is a Fellow of the American College of Coverage Counsel. Mr. Scarbrough helps individual and corporate insurance policyholders mitigate insurance risk and maximize their insurance coverage under a wide variety of insurance policies. If a coverage dispute arises, he advocates for his clients’ insurance rights, including through coverage litigation. Mr. Scarbrough counsels policyholders on their insurance programs, analyzing insurance issues arising from commercial contracts and corporate transactions, and advising on and litigating disputed coverage claims. He also helps policyholders avoid or minimize coverage disputes through proactive risk management and policy analysis and by negotiating more favorable policy language that will position policyholders well for coverage when the need arises.
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