GKN Aerospace’s Biggest Battle May Not Be the Chemical Tank — It May Be Its Insurance Company
America ı By Samuel Lopez
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Commercial general liability policies often contain exclusions relating to pollutants, contamination, chemical releases, environmental damage, and hazardous substances.
The exact wording matters.
A single sentence can determine whether an insurer pays millions—or avoids liability entirely.
Plaintiffs' lawyers will likely argue that residents suffered evacuation-related damages independent of any actual chemical release.
Insurers may respond that contamination-related allegations trigger pollution exclusions.
This legal battle has played out repeatedly in environmental and industrial-disaster litigation across the country.
The outcome often depends on highly technical policy language and state-specific case law.
The Conversion Claim Could Create Unique Problems
One of the more unusual claims asserted in the initial litigation involves conversion and trespass to chattels.
For insurers, these causes of action may present unique challenges.
The lawsuits essentially argue that residents and businesses lost the use and enjoyment of their property because evacuation orders prevented access.
Businesses may claim they could not operate.
Residents may claim they could not access homes, medications, vehicles, personal property, or important documents.
Those damages may not fit neatly into traditional environmental-loss categories.
As a result, coverage disputes could become significantly more complex.
Expect the Insurer to Separate Economic Losses From Injury Claims
Insurance carriers frequently attempt to divide claims into separate categories.
Property damage.
Business interruption.
Emotional distress.
Bodily injury.
Environmental contamination.
Future medical monitoring.
Each category may trigger different coverage provisions, limitations, deductibles, or exclusions.
If no significant physical injuries are ultimately documented, insurers may argue that many claimed damages are purely economic losses that should be narrowly construed.
Plaintiffs will likely argue the opposite.
The legal battle could become a case study in modern catastrophe litigation.
The Orange County District Attorney Investigation Matters
Orange County District Attorney Todd Spitzer's announced investigation could have major insurance implications.
Insurers pay close attention to government investigations because findings of regulatory violations, reckless conduct, or knowing misconduct can significantly affect coverage positions.
While negligence is generally insurable, certain forms of intentional misconduct often are not.
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