Love Canal: insurance coverage for environmental accidents

Journal Article · Fri Jul 01 04:00:00 EDT 1983 · Insur. Couns. J.; (United States)

OSTI ID:5834118

Hurwitz, S; Kohane, D D

The authors examine the standard insurance exclusionary clause developed by the Insurance Services Office in 1970 regarding injury and property damage from pollution, specifically, its genesis, its incorporation into New York state statutes, a brief history of Love Canal and its legacy of litigation, recent interpretations by US courts, and current developments. They conclude that, in every state where the courts have contended with the pollution exclusion clause in comprehensive general liability policy, judges have interpreted it from the perspective of the expectations and intentions of the insured. The exception to sudden and accidental pollution has, in effect, been interpreted coextensively with the definition of occurrence; that contamination was gradual is of no consequence to the availability of policy protection, the courts having defined sudden as unexpected, unintended, or unprepared for. In this respect, insurance for environmental accidents continues to cover the accidental conduct of the named insured. 25 references.

• Research Organization: Hurwitz and Fine, P.C., Buffalo, NY
• OSTI ID: 5834118
• Journal Information: Insur. Couns. J.; (United States), Journal Name: Insur. Couns. J.; (United States) Vol. 50:3; ISSN INCJB
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
290300* -- Energy Planning & Policy-- Environment
Health
& Safety
CHEMICAL WASTES
FEDERAL REGION II
HAZARDOUS MATERIALS
INSURANCE
LEGAL ASPECTS
LIABILITIES
MATERIALS
NEW YORK
NORTH AMERICA
POLLUTION
USA
WASTES