There is likely no more complex subject for coverage attorneys than environmental matters. Environmental cases involve long-tail liability arising from latent exposure to an environmental harm that may not manifest itself for years or decades.
The New Jersey Supreme Court has struggled with this issue. In Owens-Illinois v. United Ins. Co., 138 N.J. 437 (1994), the court addressed long-tail coverage in the context of an asbestos case. There, the court unabashedly admitted that traditional concepts of legal causation, developed in the age of Newtonian physics, were difficult to apply to environmental harm. The limitations of science in this area, noted the court, only compounded the limitations of the law.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
