Insurance,
Environmental & Energy
Dec. 30, 2020
Defining environmental contamination insurance costs
Policyholders seek to maximize the benefits of insurance by characterizing costs as defense costs, while insurance companies seek to minimize defense costs by categorizing them as indemnity costs.
Jordan Stanzler
Stanzler Law Group
Jstanzler@Stanzlerlawgroup.com
Jordan represents policyholders in complex matters and is a co-author of "Insurance Coverage Litigation," a treatise on the subject.
A recurring issue in cases involving insurance coverage for environmental contamination is whether the costs required by a government agency should be treated as defense costs or indemnity costs. Under the typical liability policy, the limits of insurance apply to indemnity, but not to defense costs, which are unlimited. Policyholders seek to maximize the benefits of insurance by characterizing costs as defense costs, while insurance companies seek to minimize defense...
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