Description: Seminar participants examine and discuss the rights and obligations of policyholders and insurers in the context of insurance coverage claims arising out of environmental contamination. Topics include: the development and structure of the standard form comprehensive general liability (“CGL”) insurance policy; the terms of the CGL policy’s insuring agreement; the construction and interpretation of insurance policy terms; key exclusions and conditions such as the pollution exclusions and the owned property exclusion; notice/tender of claim; claims against excess carriers; the allocation of liability among multiple insurers in the long-tail claim context; and a survey of issues related to the litigation and settlement of insurance coverage claims. The seminar emphasizes practical training, and students will analyze CGL policies, coverage litigation pleadings, and settlement documents. Students receive grades based upon class participation and a final take-home paper.
The American Bar Association accreditation standards require students to regularly attend the courses in which they are registered. Lewis & Clark expects students to attend classes regularly and to prepare for classes conscientiously. Specific attendance requirements may vary from course to course. Any attendance guidelines for a given class must be provided to students in a syllabus or other written document at the start of the semester. Sanctions (e.g., required withdrawal from the course, grade adjustment, and/or a failing grade) will be imposed for poor attendance.