Continuous trigger liability: application to toxic waste cases and impact on the number of occurrences
Journal Article
·
· Tort Insur. Law J.; (United States)
OSTI ID:5932141
If the courts use the continuous trigger theory to resolve coverage questions in toxic waste cases, the distinct nature of loss-producing events may reduce or eliminate coverage in some instances through multiple applications of the policy's deductible. Courts should be aware of this impact so they can elect to reject the theory, which has been applied to asbestos cases. The solution is not for more judicial rewriting of the comprehensive general liability policy, but in a revised policy that considers injury and damage that develop over time, such that the insurer and insured may, at the time the policy is issued, realistically expect to provide and receive the coverage that is available.
- Research Organization:
- Sills Beck Cummis Zuckerman Radin Rischman and Epstein, Newark, NJ
- OSTI ID:
- 5932141
- Journal Information:
- Tort Insur. Law J.; (United States), Journal Name: Tort Insur. Law J.; (United States) Vol. 22:4; ISSN TILJE
- Country of Publication:
- United States
- Language:
- English
Similar Records
Site owners of liability insurers: who should pay for cleaning up hazardous waste
Product liability insurance for WECS
Controlling enviromental impairment from an insurance perspective
Journal Article
·
· Va. J. Nat. Resour. Law; (United States)
·
OSTI ID:6258925
Product liability insurance for WECS
Conference
·
Mon Oct 01 00:00:00 EDT 1979
·
OSTI ID:5815490
Controlling enviromental impairment from an insurance perspective
Conference
·
Thu Dec 31 23:00:00 EST 1987
·
OSTI ID:6958768