Environmental Insurance Attorney – Greg Mann represents and advises the nation’s leading insurers on a variety of coverage matters, from historic gas plant operations and coal ash compliance to emerging issues such as global climate change. Most recently, Greg has focused on complex environmental claims arising from compliance with state and federal regulations related to the closure of historic coal ash containers. His recent cases include environmental pollution and poisoning resulting from pipeline leaks, well blowouts, and coal ash storage.
Greg also represents insurers in litigation involving complex homeowner insurance and commercial policy issues, including fire and occupancy issues and claims handling procedures.
- Environmental Insurance Attorney
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Environmental Insurance Attorney
Greg is a prolific writer on insurance issues. Greg’s articles appeared
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Prior to joining Radler, Rivkin served as United States District Judge for the Eastern District of New York, Arthur D. Greg clerked for Spatt. Additionally, Greg was a senior central attorney for the New York State Court of Appeals. Greg graduated
Rivkin recommended Radler’s Insurance Coverage Procedure in Insurance Section: Advice for Insurers. Since 2016, he has been part of the Insurance Coverage Practice Group
Insurance: Dispute Resolution: Directory in category Insurer. In 2023, Greg received JD Supra’s Readers’ Choice Awards for Insurance. The Environmental Practice Group is comprised of attorneys and support staff with extensive experience in environmental pollution litigation. The firm has defended complex environmental civil litigation and state enforcement matters to obtain site remediation, contribution and cost recovery for hazardous waste, pollution, air, water and soil contamination. We have extensive experience in Superfund response and allocation and defending claims by private parties and state and federal regulators.
Previous filings include state and federal lawsuits, federal CERCLA and New Jersey Spill Compensation and Control Act lawsuits, 107(a) CERCLA, potential liability under 42 USC sec., and responses to USEPA letters warning of RI/FS performance requirements. 9607. Our firm has defended and advised clients on claims under the New York Navigation Act, the New York Environmental Protection Act, the State Environmental Quality Control Act (SEQRA) and the Resource Conservation and Recovery Act (RCRA).
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Our experience includes defending a wide range of corporate clients in lawsuits and government actions for nuisance, trespass, property damage, and natural resource damage, cost and contribution settlements involving allegations of contaminated groundwater, discharge of solid and hazardous materials and waste. , exposure to toxic fumes and substances, leaking underground storage tanks. What do sludge, sediment, and mold have in common? All of these are naturally occurring substances and are considered more likely to be pollutants or pollutants for insurance purposes.
When you think of “pollution,” most people probably think of man-made leaks, seeps, and emissions of toxic substances into the natural environment. But insurers writing pollution and environmental liability coverage are finding that the scope of what counts as environmental damage is rapidly expanding to include the mere presence of natural or man-made substances.
According to John Peoples, vice president of environmental underwriting for insurance companies in Philadelphia, in the case of sludge and sediment, for example, building contractors are now responsible for any adverse effects these substances have on groundwater as a result of their operations.
As an example of the widespread application of environmental liability coverage, Peeples noted that his former company once covered cleanup costs after construction dust entered a hospital’s ventilation system.
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When it comes to mold, you can’t have blue cheese without it, Peoples adds, but mold remediation coverage beyond the limited amounts typically offered under standard commercial general liability policies is in great demand—especially in the hospitality sector.
“We’re taking things that traditionally wouldn’t be considered dangerous and treating them as pollutants,” he says. “These are conditions you would normally associate with work done by the insured, but the general liability carrier will reject these claims as pollution claims. Thus it becomes an opportunity for those who bear environmental responsibility to take exposures.
As a result, pollution and environmental liability insurance is no longer “gap” coverage for extraordinary events, but essential coverage for exposures integral to a wide range of operations.
Peoples says the pollution and environmental liability insurance market is “not as stable as I would like” following AIG’s withdrawal and the merger of programs offered by Hartford and Navigators. But for every company that exits or withdraws, more enter the market.
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“The environmental market remains soft as new capacity comes in and offsets any rate increase efforts,” said Bill Pritchard, president and CEO of Beacon Hill Associates, a wholesale broker and program administrator specializing in pollution and environmental insurance. “There are now more than 60 markets that do specialty writing and/or coverage. Many new entrants cut prices in an attempt to gain market share.
Barry Geisler, director of underwriting for Great American Insurance Group Environmental, agrees that the market is soft, but adds that demand for insurance is growing.
“For contract suppliers, contractual obligations are the main driver,” he says. “More and more project owners and developers are requiring general contractors and construction managers to maintain pollution and professional liability coverage, a requirement that is often passed on to subcontractors.
“Lender requirements are a big driver when it comes to PPL coverage,” Geisler adds. “Many lenders require pollution protection as a condition of the loan, especially if the Phase I environmental assessment identifies any environmental concern.”
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“The major trend in the environment is the increasing demand for product from non-green companies,” says Pritchard. “In the early days of pollution coverage, only environmental companies bought coverage.
“Today, general and commercial contractors, public places and businesses purchase coverage,” he continues. “The reality is that all risks are exposed in the environment. The difference is that more and more people are realizing it today. ”
This increased awareness is supported by reports of newly recognized and emerging exposures, Pritchard adds. Pritchard, Geisler and Peoples noted a growing concern among property owners about the carcinogens found in firefighting foam, such as perfluorinated chemicals (PFCs) and polyfluoroalkyl substances (PFASs).
PFCs and PFASs have been found at dangerous levels near fire training centers and near military bases where fire drills are common, but they can also be found anywhere firefighting foams are used.
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Kelly Killimet, head of environmental underwriting at Colony Specialty, part of Argo Group, cited two other growing sources in a 2017 article:
Killimet adds that environmental insurers are seeing an increase in claims for the bacteria that causes Legionnaires’ disease and an increase in water pollution claims. It comes as many municipalities are examining their water supplies in the wake of the 2016 water crisis in Flint, Michigan.
In response to growing accidents, Peoples says environmental liability policies are providing more “first-party triggers” for cleanup costs to prevent large losses from third-party claims. Pollution is more common and widespread.
“Many lenders require pollution protection as a condition of the loan, especially if the Phase I environmental assessment identifies any environmental concern.”
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Environmental liability disclosure is as much a reflection of regulatory policy as the presence of pollutants. “Overall, environmental regulations drive a large portion of the environmental insurance market because pollution policies are enabled by regulatory directives,” says Pritchard.
“Many states are implementing updates and revisions to their sanitation standards, particularly regarding levels of groundwater contamination,” Geisler adds. “New chemicals are being added [to the list of hazardous substances] and permissible levels of many pollutants are being reduced. This could lead to new enforcement actions and the reopening of previously closed locations.
President Donald J. The nature and tone of environmental regulation at the federal level has certainly changed under the Trump administration. Under Administrators Scott Pruitt and Andrew Wheeler, the U.S. The Environmental Protection Agency has loosened federal enforcement of environmental standards, opting instead to give states and the private sector more flexibility in setting environmental goals and measuring success in meeting them.
It will take a long time to know the full impact of the Trump administration’s policy, especially since many states, notably California, are resisting it.
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“Like many regulations, environmental standards filter down from the federal level to the states,” says Pritchard. “The recent change in direction at EPA does not mean an immediate change in the underlying regulations. If this change remains consistent over the years, we may see a reduction in requirements in individual states, but that’s not guaranteed, and it won’t happen overnight.
For agents and brokers, the evolution of pollution and environmental liability coverage, particularly the further expansion
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