The Environmental Practice Group has represented major property and casualty carriers in complex environmental insurance coverage litigation since the enactment of the Superfund statute in 1980. The firm served as lead counsel to the primary defendant in one of the largest environmental insurance declaratory judgment actions tried in Missouri, and won at trial and on appeal: Trans World Airlines, Inc. v. Associated Aviation Underwriters, et al., 58 S.W.3d 609 (E.D. Mo. 2001). Combining their expertise in the nature of environmental remediation enforcement actions and commercial CGL coverage, the lawyers of this group have developed systematic approaches to the recurrent issues in this highly specialized field of insurance law. In trials, briefs and coverage opinions, the firm regularly advances insurer interests in areas such as the enforceability of pollution and owned property exclusions, trigger of coverage, defense and indemnity allocations, among other issues.
The Toxic Tort Practice Group regularly handles suits involving toxic chemical exposure, claims of immune system impairment and cancer phobia, and asbestos exposure. Working in conjunction with the firm’s product liability lawyers, the environmental lawyers have developed associations with leading experts in pathology, epidemiology, toxicology and asbestos management. Our specialists in toxic tort defense have represented major manufacturers and chemical and pharmaceutical companies in mass litigation involving fenfluramine and dexfenfluramine (fen/phen), dioxin, asbestos, Zylene, sodium mestasilicate and sodium carbonate, chlorinated isocyanurate, and benzene.