On January 26, AIG announced a number of strategic actions. While there are other carriers who underwrite Pollution Legal Liability (PLL) coverage, in the context of its restructuring initiative, AIG has decided that it will no longer be offering PLL policies.
PLL policies are looked to in a number of settings where there are concerns about environmental liabilities, particularly when parties to a transaction negotiate the allocation of risk associated with environmental conditions at a property. PLL coverage generally does not apply to known pollution conditions. Subject to the terms and conditions of the PLL policy, coverage is available to address pre-existing conditions that are not known at the time of the transaction, and environmental conditions that arise subsequent to the transaction. Coverage can extend to third-party bodily injury and property damage claims and also business interruption claims as well as pollution claims associated with the insured's disposal activities at non-owned locations. Also, lenders often require PLL coverage where potential environmental liabilities are a concern. Over the years, PLL policies have been an important tool in the risk management toolbox when dealing successfully with environmentally challenged properties.
AIG has reportedly begun to notify its policyholders of its decision. The insurer is advising existing PLL policyholders that coverage will continue under their current policies, but these policies will not be renewed.
On Wednesday, March 15, Kate Coffey will be speaking at the 13th Annual Landlord-Tenant Law: Lease Agreements, Defaults, and Collections seminar about laws concerning leasing and condominiums.
On February 27, Kate Coffey will be speaking at the 5th Annual Landlord-Tenant Law: From Lease to Eviction Seminar for Sterling Education Services, a non-profit continuing legal education company.
Theresa Kelly and Howard Fetner wrote an article, "AARP Lawsuit Puts EEOC In An Awkward Position," for Law360.
Day Pitney Alert
Al Marks, Christina Parlapiano and Jennifer Neuner wrote an article, "How NY Is Fighting Back Against 'Zombie' Properties," for Law360. The article is about the new legislation called The Abandoned Property Neighborhood Relief Act that the state of New York recently enacted to ease neighborhood blight.
Michael P. Byrne was mentioned in an article, "Day Pitney, Greenberg Traurig Steer $130M NYC Loan," in Law360.
Barbara Freedman Wand was quoted in the article "Banks Explore Multiple Avenues For Community Investment," in The Commercial Record.
Harold Blinderman was quoted in an article, "Coal Co.'s Win Won't Diminish EPA's Regulatory Clout," in Law360. In the article, he discusses the significance of the case, Murray Energy Corporation et al v. Administrator of Environmental Protection Agency, in which the federal District Court for the Northern District of West Virginia granted summary judgment to Murray Energy.
Day Pitney Press Release