Environmental and Complex Torts Coverage

Alan S. Miller and Bridget M. Gillespie have wide-ranging experience in handling coverage disputes involving the release of hazardous substances into the ground and contamination of groundwater and navigable waters as well as mass toxic tort claims arising out of exposures to various toxic substances, and defective products. Our attorneys are well practiced in the interpretation of insurance policies, including primary, umbrella, and excess policies in this area. In particular, issues involving bodily injury, occurrence, exhaustion, trigger of coverage, notice, ultimate net loss, pollution exclusion, and earth movement exclusion have all been analyzed and litigated by the PSMN attorneys. Our attorneys have successfully litigated the following matters in both state and federal courts:

  • Representing an insurance carrier in an action initiated by a Fortune 500 company seeking in excess of $100 million insurance coverage for the costs of completing the environmental cleanup of 25 sites contaminated by hazardous wastes and substances.
  • Representing an excess insurer in coverage and bad faith actions involving thousands of multiple underlying claims arising out of exposures to asbestos, silica and coal dust.
  • Representing an insurer against claim for coverage brought by persons exposed to asbestos who had not yet been diagnosed with disease. Reported decision Erdely v. Hinchcliffe and Keener, Inc., et al., 875 A.2d 1078 (Pa. Super. 2005), appeal denied, 890 A.2d 1059 (Pa. 2005).
  • Representing insurance company involving coverage issues raised by multiple actions arising out of contaminated pharmaceutical products.
  • Representing insurance companies in bankruptcy court involving coverage disputes arising out of asbestos liabilities and attempts to assign policy rights to a trust under plans of reorganization.
  • Representing insurance companies which issued environmental remediation bonds in forfeiture litigation initiated by Pennsylvania Department of Environmental protection.
  • Representing insurance company in coverage action brought by industrial insured seeking coverage for environmental liabilities under pre-pollution exclusion policies.

For more information, call 412-288-4000 or send our PSMN ® Pittsburgh insurance coverage attorneys an e-mail by completing the contact form on this website.