Environmental Compliance and Insurance

Kotz, Sangster, Wysocki and Berg, P.C.’s experience in counseling and defending its clients in connection with environmental and insurance/risk management extends to virtually all areas of environmental and insurance law.

Resolution of crucial issues involving environmental contamination and risks and liability associated with property transactions, ownership and operation of facilities and environmental health and safety issues requires an in-depth knowledge of state and federal environmental laws and regulations and insurance law in the context of property and liability claims involving personal injury litigation, property damage and enforcement proceedings under federal, state and local environmental laws. We counsel and defend clients on insurance coverage and compliance matters, wetlands development, agricultural environmental and permitting risks, including CAFO’s, hazardous materials management and transportation issues, real estate transactions, OSHA/MIOSHA safety and compliance requirements, pursue cost recovery actions against potentially responsible parties, obtain state and federal “Brownfield” funds to remediate contaminated sites, prepare Strategic Environmental Management Plans, conduct facility environmental audits, and represent clients before federal and state environmental agencies nationwide. As part of our work product in these cases, we have developed an up-to-date comprehensive library and database of materials on insurance and technical issues relating to environmental damage. We provide legal advice and work with law firms around the country so our clients can maintain a fair, consistent approach toward claims resolution, the defense of lawsuits, liability allocation and recovery of funds from responsible parties. We have worked closely with state and federal regulatory agencies in numerous environmental controversies, and have developed cost-effective ways to obtain and review agency records.

The firm’s insurance and risk management experience encompasses all areas of insurance law including property, casualty, environmental, professional errors and omissions, excess and reinsurance, life health and accident coverage, insurer insolvency and State Guaranty Fund matters, as well as the formation and management of Captives and use of Self-Insured Retentions (“SIRS”). The firm’s attorneys work closely with clients’ risk managers concerning the use of Captives, SIRs and in setting reserves.

Protecting our clients’ interests neither begins nor ends in the courtroom. The firm’s first priority is to prevent problems from ever occurring and to avoid unnecessary litigation.

Our clients regularly consult us regarding the drafting of “legally sensitive” materials, such as policy forms, agreements among joint venturers, SIR agreements, bylaws and articles of association, inspection reporting forms, site access agreements, environmental indemnity agreements, claims manuals, and promotional brochures among others. By painstakingly drafting and carefully reviewing these documents, we help our clients avoid potential legal problems and are better prepared to provide representation should an actual conflict develop.



Insurance/Reinsurance Coverage and Defense

Firm attorneys are skilled practitioners in the areas of insurance and reinsurance coverage and defense and have devoted their practice to serving as defense and coverage counsel for primary and excess insurers, reinsurers and surplus lines clients. The firm has represented reinsurers and Bermuda captives in arbitration disputes with cede companies under facultative and treaty reinsurance contracts in complex product liability, environmental, mass tort and asbestos liability disputes. The firm’s attorneys assist clients in carefully tailoring and resolving policy wording issues, in dispute resolution including arbitration and litigation, as well as facilitation of reinsurer clients’ corporate business plans through investigation, information management, consultation and trend analysis relating to insurance, excess insurance, captive, offshore and reinsurance concerns.

Complex Litigation

Representation of clients in complex litigation such as environmental contamination, toxic tort and mass disaster and multi-state/jurisdictional litigation requires imagination, the intelligent and efficient use of human and technical resources, and a systems capability which can store, index and retrieve the thousands of documents in depositions typically generated by such cases. The combined use of our experienced attorneys, imaginative legal analyses, and sophisticated data systems enables us to successfully and most efficiently represent our clients in all types of complex litigation.

Coordinating Counsel

Firm members are experienced in the role of coordinating counsel, and have been retained to act as national coordinating counsel for the largest pool of environmental impairment liability coverage ever issued in North America, and for a number of years directed, supervised and trained lead and local counsel and coordinated their activities in complex multi-state environmental coverage litigation in both state and federal courts. This activity enabled uniform and consistent handling and analysis of these complex claims and significant cost control through monitoring, auditing and pre-authorizing all lead and local counsel activities. This unique experience which Kotz, Sangster, Wysocki and Berg, P.C. can provide to its clients has enabled it to streamline litigation, control costs, and resolve disputed matters fairly and expeditiously.

Mold and Mycotoxin Litigation

In addition, members of the firm have been recognized as authorities in the defense of progressive-damage claims including claims for personal injury and property damage arising from mold and mycotoxin exposure. The firm’s technical capabilities regarding state and federal air quality regulations, OSHA compliance, “sick building” causation and control factors and remediation techniques, together with our experience in the investigation, testing, documentation, sampling, analysis and interpretation of exposure data uniquely positions the firm to advise and defend our clients in connection with mold claims. The firm has developed through its academic and national technical associations a network of industrial hygienists, toxicologists, remediation experts and an array of technical experts to assist us in evaluating and handling these matters for our clients.

Products Liability

Products liability law has undergone a revolution in the United States. Cases which a few years ago would have been thrown out of court, particularly cases where a duty to warn is alleged, now result in multi-million dollar verdicts against commercial defendants. Our attorneys, specially skilled in the defense of product liability actions, represent manufacturers, distributors, installers and their insurers in cases involving both property damage and personal injury. Our products liability practice ranges from minor industrial accidents to losses involving multiple deaths, catastrophic property losses and mass tort and exposure cases.

Professional Errors and Omissions

The defense of professional errors omissions claims offer a wide range of professionals including accountants, architects, insurance agents and brokers, physicians, medical technicians, environmental professionals, attorneys and third-party health plan administrators and forms an important part of the firm’s practice. The firm has also been particularly effective in defending tort claims for intentional infliction of emotional distress, defamation, and claims for treble damages under the federal Racketeer Influenced and Corrupt Organizations Act (“RICO”).

Contact Information

George F. Curran, III, CHMM
Head of Environmental Compliance and
Insurance/Risk Management Practice Group
(313) 259-8300
gcurran@kotzsangster.com