{"title":"KeySpan, Honeywell and the Primacy of Choice of Law in Environmental Insurance Coverage Disputes","authors":"Robert D. Chesler","doi":"10.1080/10406026.2018.1511095","DOIUrl":null,"url":null,"abstract":"Abstract Recent New York and New Jersey cases have taken different positions on allocating environmental loss that takes place over many years. Thus, choice of law and forum become important issues for obtaining a particular result. The allocation of loss among insurers, and back to the policyholder for certain years, is at stake. This article explores the findings in two most recent examples of 2018 cases, KeySpan v. Munich Reinsurance and Continental Insurance Co. v. Honeywell International, Inc.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2018-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2018.1511095","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Environmental Claims Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/10406026.2018.1511095","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Environmental Science","Score":null,"Total":0}
引用次数: 0
Abstract
Abstract Recent New York and New Jersey cases have taken different positions on allocating environmental loss that takes place over many years. Thus, choice of law and forum become important issues for obtaining a particular result. The allocation of loss among insurers, and back to the policyholder for certain years, is at stake. This article explores the findings in two most recent examples of 2018 cases, KeySpan v. Munich Reinsurance and Continental Insurance Co. v. Honeywell International, Inc.
期刊介绍:
The Environmental Claims Journal is a quarterly journal that focuses on the many types of claims and liabilities that result from environmental exposures. The ECJ considers environmental claims under older business insurance policies, coverage and claims under more recent environmental insurance policies, as well as toxic tort claims. Exposures and claims from all environmental media are considered: air, drinking water, groundwater, soil, chemicals in commerce and naturally occurring chemicals. The journal also considers the laws, regulations, and case law that form the basis for claims. The journal would be of interest to environmental and insurance attorneys, insurance professionals, claims professionals, and environmental consultants.