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Louisiana Court of Appeals Rules on Trigger of Coverage and Allocation for Environmental Contamination Claims
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September 1, 2004
Previously published on October 28, 2003
In Norfolk Southern Corporation v. California Union Ins. Co., the Louisiana Court of Appeals adopted an "exposure" trigger of coverage for long-term environmental contamination and further held that response costs incurred for each contaminated site must be allocated among the triggered periods, even though such an allocation resulted in the policyholder receiving no payment from the insurers because the amounts allocated to each policy period did not exceed the applicable self-insured retention.
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The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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