Jump To Navigation

Environmental/Toxic Tort

Our national environmental and toxic/mass tort practice group spearheaded by Michael Hamilton, John Mullen and Kim Hollaender handles matters throughout the United States with current active matters in Alabama, Colorado, New York, New Jersey, Ohio, Pennsylvania and West Virginia. Members of this group have extensive experience as both coverage counsel and representing insurers on a wide variety of issues. This NLdH team includes a former environmental prosecutor, an environmental engineer and several former in-house environmental litigators at nationally prominent insurers.

NLdH attorneys regularly advise and represent clients on a wide range of environmental coverage issues involving long-tail exposure, trigger, number of occurences, application of SIRs, deductibles, allocation and the applicability of various exclusions such as known loss and absolute pollution. Additionally, we advise clients on matters related to pollution insurance products, environmental impairment liability policies, reinsurance and long-term liability issues. We've represented clients in matters related to petroleum products, benzene, coal-bed methane, Teflon, mold, metal working fluids and asbestos contaminations.

Because NLdH addresses environmental matters from the coverage and defense perspectives, our attorneys are able to provide our clients with comprehensive advice and experience that reflect the firm's sophisticated and cutting-edge practice.


Toxic Tort

The attorneys at NLdH have many years of experience defending clients in trial and appellate courts throughout the United States. From global industrial manufacturers to suppliers and installers, we defend clients efficiently and aggressively. We have successfully litigated cases involving a wide array of allegedly toxic substances including:

· Asbestos

· PCE/TCE

· Silica

· Lead paint

· Dioxin

· Coal tar

· MTBE

· Mold

· Benzene

· Diacetyl

· Metal working fluids

We have the experience and resources to aggressively challenge causation claims on an individual basis prior to and during trial. Our detailed involvement in the science and the medicine underlying these cases provides a strong foundation for effective, results-driven litigation. The cases we defend commonly involve allegations of cancer, birth defects, major respiratory and organ diseases, as well as more acute injuries and illnesses allegedly resulting from inhalation, dermal, and ingestion exposures.  We can provide clients facing mass filings with efficient and highly effective representation as coordinating counsel.

Please contact John Mullen, Mike Hamilton or Kim Hollaender in our Philadelphia office for more information.

News & Events

Council of Litigation Management, 2010 Annual Conference, March 24 - 26, 2010, Pointe Vedra, FL - Robert T. Horst will be speaking on the topic of "Preventing and Defending Bad Faith Claims: Current Trends and Strategies"

PAMIC 2010 Claims Summit, April 6 - 7. 2010, Gettysburg, PA - C. Scott Rybny will present "Emerging Issues - From the Homes We Live In to the Jewelry We Wear" and Michael Munger will speak on "Secondary Subrogation Issues."

DRI Insurance Coverage and Claims Institute, April 14 - 16, 2010, Chicago, IL - Robert T. Horst will present "The Recession, Misrepresentations and Rescission" along with William J. Matrogran, CIC, AIC, Erie Insurance Company. Additionally, Horst will also present "Bad Faith Update."

NYCBA 21st Annual "Current Issues in Insurance Regulation" Conference, April 16, 2010, New York, NY - Francine Semaya is the co-chair, moderator and speaker for the NYCBA 21st Annual "Current Issues in Insurance Regulation" Conference to be held April 16, 2010 in New York, NY.

American Conference Institute's 8th International Advanced Forum on Run-Off and Commutations, April 29 - 30, 2010, New York, NY - Francine L. Semaya will moderate the Regulatory Roundtable: Emerging Regulations and Their Impact on Insurance Insolvencies and the Run-Off Market featuring insurance regulators from across the United States.

Read More
Emerging Topics Articles

Global Warming Lawsuit Raises a Host of Coverage/Liability Concerns.  In a decision could open the door for waves of suits against pollution emitting entities, the United States Court of Appeals for the Second Circuit allowed two related lawsuits to proceed that attempt to use the court system to halt the effects of global warming. In State of Connecticut, et al. v. American Electric Power Co., et al. , ___ F.3d ___, 2009 WL 2996729 (2d. Cir. Sept. 21, 2009), the Second Circuit reversed an order of the United States District Court for the Southern District of New York granting a motion to dismiss the plaintiffs' complaint against six utility defendants. The plaintiffs (eight different states, the city of New York and three land trusts) seek a judgment ordering carbon dioxide emitting utility companies to reduce emissions. The Second Circuit's holding raises not only numerous complex defense issues, but also concerns in the area of insurance coverage. ...

Read More