Environmental

The Insurance Coverage Litigation team at Quarles & Brady represents policyholders and insurance brokers from across the country, in a broad range of disputes with insurers and insurance consortiums in the United States and abroad. With deep knowledge of these matters and extensive trial and appellate experience, we provide unparalleled counsel through every potential step in the dispute-resolution process, from insurance coverage analysis through pre-trial settlement, courtroom proceedings and appeals.

We have particular depth in the field of environmental and toxic tort insurance claims. We have won significant victories for policyholders with industry-wide ramifications. One such example is the victory in Johnson Controls v. Employers Insurance of Wausau, et. al., 264 Wis. 2d 60, 665 N.W.2d 257 (July 11, 2003), where the Wisconsin Supreme Court ruled in favor of our client, Johnson Controls, Inc. In overruling its own 1994 decision in City of Edgerton v. General Casualty, the court reversed its earlier opinion, that remediation costs incurred pursuant to a PRP letter or administrative order were not covered under the standard Commercial General Liability (CGL) policy. Because of this ruling, insurance coverage for environmental cleanups may be available under many CGL policies written before 1986, when the “broad pollution exclusion” was added to standard-form CGL policies.

In addition to our victories at trial, the Insurance Coverage Litigation team regularly negotiates settlements of coverage claims under CGL and pollution legal liability policies. We know the critical points in coverage analysis and how to close the loopholes in settlement agreements. Our claims-handling experience also informs our negotiation and drafting of environmental insurance coverage in brownfields redevelopment and similar transactions involving environmentally impacted real estate.

For more information on how our Environmental Group can help you address potential or actual environment-related legal and business concerns, please contact Arthur A. Vogel Jr. at (414) 277-5545 or , or your local Quarles & Brady attorney.