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Joseph Eaton

Joseph G. Eaton

Toxic Torts Co-Chair

“Long-tail” liabilities can dramatically affect your business because, by definition, they develop over the course of years or decades before they are discovered. Two of the most significant types of long-tail liabilities arise from environmental contamination caused by long-ago activities and exposure to allegedly toxic products from decades ago.

The combination of a historical general liability insurance program and newer insurance products can help a company manage these types of long-tail risks effectively. It is critical to understand whether there are coverage gaps in your historical insurance program, and whether those gaps may be filled by specialty environmental liability policies.

The speakers will discuss long-standing and emerging long-tail risks, including:

  • Remediation of chlorinated sites (with an emphasis on vapor intrusion pathway)
  • How to use institutional controls (environmental restrictive covenants and ordinances) to manage long term liability)
  • Emerging contaminants and the ripple effect on risk-based closures (with a special focus on Trichloroethylene)
  • Liability theories in toxic tort personal injury and property damage litigation)
  • Framework for causation in state and federal courts in toxic tort litigation with emphasis on all facets of expert witness testimony
  • Damages in toxic tort litigation including stigma property damages
  • How legacy and new insurance policies may help offset the cost of long-tail environmental and toxic tort liabilities

We also will explore the sometimes significant differences in states’ insurance law and tips on maximizing the potential for coverage. Q&A will follow.




August 8, 2017


3:00 - 4:30 p.m. (Eastern)

1.5 Hours CLE Credits Pending

This program is offered compliments of Barnes & Thornburg


Joseph Eaton

Joseph G. Eaton

Toxic Torts Co-Chair
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