Section 15.5 Trigger of Coverage for Environmental Damages

• Library: Insurance Practice 2015

Claims for environmental damages present unique problems in determining the date of a covered occurrence because the damage may remain undiscovered for many years and may continue and progress through several policy periods. The courts developed several occurrence trigger theories in coverage cases relating to bodily injury from exposure to asbestos that have been applied to environmental property damage. These theories include:

1. Continuous trigger (all policies in effect during any part of the injurious...