The Past,Present, and Future of Environmental Insurance Including a Case Study of MTBE Litigation

Environmental insurance policies and the success of claims brought under them depend upon the intersection of both the legal and technical issues involved. The evolution of environmental insurance policies, from their origin in the Commercial General Liability policies up to the creation of new insurance products designed to cover specifically environmental concerns are addressed in this work. Both scientists and attorneys will have to develop a fuller understanding of environmental damage and assessments. The intent of this article is to provide a starting point for members of both disciplines in their quest for a fuller understanding of the legal and technical issues involved in environmental claims.