Article by William J. Brady and Lisa K. Mayers
Reprinted with permission of The Colorado Lawyer, Vol. 29, No. 2,
February, 2000
Recently the Colorado Supreme Court decided two important cases arising in the
environmental insurance coverage context. The decisions are expected to have a major
impact on the availability of insurance coverage for Colorado policyholders. Coverage
counsel, in-house corporate attorneys, insurance defense lawyers, environmental attorneys,
and practitioners representing businesses will find this article helpful in understanding
their clients' insurance policies, especially when multi-year claims are implicated.
Affected businesses range from multi-national conglomerates to small "mom"
and "pop," gasoline-dispensing convenience stores. These latest pronouncements
from the Supreme Court are relevant to clients facing liability for damages spanning
multiple coverage periods, such as groundwater contamination, asbestos exposure, and
progressive