Under federal statutes like Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), any entity that owned or operated at a contaminated site may be pursued for cleanup costs. Many a corporation has been surprised by a letter from the EPA demanding contribution to investigation and remediation at sites owned by predecessors and other inactive operations from decades ago. Valuable historical liability insurance policies may help offset the time-consuming and costly fees incurred while investigating and ultimately cleaning up a site. Identifying, evaluating, and unlocking value from the insurance assets frequently requires specialized expertise and a detailed understanding of complex insurance programs.
KCIC assists clients in assessing environmental liabilities and maximizing available insurance recoveries. Our team analyzes the insurance policies for key terms and conditions, develops allocation methodologies, evaluates coverage opportunities, and supports the dispute resolution, whether through expert testimony in litigation or arbitration or through preparing and evaluating settlement demands.