Since the mid-1980s, we have successfully represented numerous policyholders in their efforts to obtain insurance coverage for environmental liabilities. In most instances, we have successfully negotiated favorable settlements for clients with claims under Comprehensive General Liability (CGL) policies for environmental remediation costs and third-party (e.g., toxic tort) liabilities.
When litigation has been necessary, we have successfully represented plaintiffs in declaratory judgment and bad faith claims arising from environmental coverage claims. Our extensive trial experience, with the support of Persuasion Strategies, a multimedia and litigation support division within the firm, makes Holland & Hart one of the nation's leading law firms in this area of practice.
Representative Cases
- We were lead trial counsel on behalf of a major chemical manufacturing company against its primary and excess insurers for coverage at over 100 contaminated sites located throughout the United States. We assigned teams of lawyers to investigate and marshal the evidence at each site and to prepare detailed estimates of remediation costs and/or third-party liabilities for each site. We defended hundreds of depositions, managed the production and imaging of millions of pages of documents at numerous locations, and ultimately prepared seven representative cases for trial. We tried five jury trials ranging from two to seven weeks and obtained declarations of coverage for many of the sites in question.
- We were lead trial counsel on a major environmental insurance coverage case involving five wood treatment plants with groundwater contamination caused by creosote.
- In another case involving a commercial wood treatment operation, we obtained coverage for environmental investigation and clean-up costs following two successful jury trials and a successful appeal. The case was the first jury trial of its kind in Colorado.
- We successfully brought coverage claims on behalf of a major mining company for its environmental liabilities at two different third-party sites in Colorado.
- We obtained favorable settlements on behalf of a local manufacturing company from over a dozen primary and excess carriers for liability at a major Superfund site in Colorado.