Coverage disputes in toxic tort liability cases

A new wave of toxic tort litigation appears to be emerging and likely will trigger numerous insurance coverage disputes in the future. In this article, those disputes likely to emerge are identified. Case law that courts likely will rely upon to resolve these coverage issues is summarized and discussed in terms of its potential applicability to the new toxic tort cases. A case is made that application of the rules of strict construction against the insurer in the resolution of these issues would be shortsighted and unfair to insurers and their policyholders.