KeySpan,Honeywell and the Primacy of Choice of Law in Environmental Insurance Coverage Disputes

Abstract

Recent New York and New Jersey cases have taken different positions on allocating environmental loss that takes place over many years. Thus, choice of law and forum become important issues for obtaining a particular result. The allocation of loss among insurers, and back to the policyholder for certain years, is at stake. This article explores the findings in two most recent examples of 2018 cases, KeySpan v. Munich Reinsurance and Continental Insurance Co. v. Honeywell International, Inc.