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Articles Posted in Umbrella

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Montrose Chemical Tees Up “Sudden and Accidental” Pollution Exclusion: Will California Supreme Court Follow Through?

We are on the cusp of another milestone in the decades-long Montrose Chemical litigation, which has already yielded many important precedents in California on coverage for so-called “long-tail” pollution liabilities. “Long-tail” claims arise under historical comprehensive general, umbrella and excess liability policies for alleged pollution that was in progress through…

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Settle with Caution: Excess Insurers May Have an Additional Coverage Defense

Ever since the U.S. Court of Appeals for the Second Circuit decided Zeig v. Mass. Bonding & Insurance Co. in 1928, it has been well-settled that a policyholder can compromise a disputed claim with its insurer for less than the full limits of the policy without putting its rights to…