Asbestos & Environmental
Since working on the Johns-Manville asbestos coverage litigation beginning in 1984 and handling it through appeal in the California Court System and in the bankruptcy court, Kevin has handled asbestos coverage claims and suits throughout the country continuing to the present day. As pollution coverage claims came to the forefront in the early 1990s, he handled a large number of environmental coverage claims in jurisdictions from New York to California. Among the many issues he has addressed in trial and appellate courts are known loss, whether there is an occurrence, whether there is property damage, whether there has been a suit, trigger of coverage, the application of aggregate and occurrence limits, exhaustion of coverage, allocation, treatment of costs as defense or indemnity, the application of various forms of asbestos, pollution, and owned property exclusions, and many others.
He has also handled claims issues arising from EIL policies and other types of special purpose policies written to cover pollution risks and Package Policies, including types of environmental coverage. Kevin has regularly dealt with the issues of coverage when the insured is insolvent and the creation of trusts to assume claims in the bankruptcy process. He has helped write policy language clarifying or adding policy terms to address asbestos and environmental issues. Kevin is also well-versed in the drafting history of various policy terms, including exclusions, and has tried cases involving those issues. He has arbitrated reinsurance disputes arising out of asbestos and environmental coverage cases.
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