Legal Secretary:
Carolyn D. Lindsey
E-mail: clindsey@batescarey.com
Phone: (312) 762-3106

 

Articles:
Everything You Always Wanted to Know About the Pollution Exclusion

Arthur F. Brandt
Partner

E-mail: abrandt@batescarey.com
Phone:
(312) 762-3189

Practice Areas:

Insurance Coverage Disputes
Emerging and Novel Insurance Coverage Disputes
General Commercial Litigation
International Law

Arthur F. Brandt is a partner whose practice focuses on insurance law, environmental law, and complex litigation. In the insurance coverage area, he focuses primarily on environmental and toxic tort claims. In the environmental law area, he has dealt with underground storage tank regulation, air quality, emission control, groundwater contamination, and solid waste issues before various state and federal regulatory agencies. His litigation experience includes arguments before the Michigan, Delaware and Louisiana Supreme Courts, and the United States Court of Appeals for the Ninth Circuit. He also has experience with the English, Canadian, French and European Union legal systems.

His significant decisions include:

  •  ABB Flakt, Inc. v. National Union Fire Ins. Co., 731 A.2d 811 (Del. 1999) (“advertising injury” provision of general liability did not apply to provide coverage for patent infringement claim)
     
  • Ducote v. Koch Pipeline Co., L.P., 730 So. 2d 432 (La. 1999) (amicus party) (“total” pollution exclusion was clear and unambiguous and operated to bar coverage for claim involving a release of ammonia from ruptured pipeline)
     
  •  Commercial Union Ins. Co. v. Cannelton Indus., Inc., 938 F. Supp. 458 (W.D. Mich. 1996) (“sudden and accidental” pollution exclusion deemed clear and unambiguous under Michigan and Ontario law, thus barring policyholder from utilizing extrinsic evidence to ascertain parties’ intent as to meaning of exclusion).

His publications include:

  • "Solid Waste Enforcement in the United Kingdom Under the Environmental Protection Act of 1990," 12 Mich. Envtl. L.J. 1 (1993)
     
  • "Environmental Implications on Business Transactions in the Great Lakes States," Illinois contributing author, Lawyers Cooperative Publishing (1995)
     
  • "Pollution Exclusion Insurance In Illinois," co-authored with Robert J. Bates, Jr., Commercial and Professional Liability Insurance, Illinois Institute for Continuing Legal Education (2002).

He has also conducted seminars and authored various articles on environmental insurance coverage issues.

He received a J.D. cum laude from the University of Detroit School of Law in 1990 and also studied at the University of London, King’s College Faculty of Laws in England. He received a B.A. in History and Political Science from the University of Michigan in 1987.

He is admitted to the Illinois and Michigan bars, and the United States District Courts for the Eastern and Western Districts of Michigan, the Northern District of Illinois, the Northern District of California, the Northern District of Indiana, The Western District of Pennsylvania, and the United States Court of Appeals for the Ninth Circuit. He is a member of the American Bar Association, Insurance Law Section, and the Program Committee of Environmental Law Section of the Michigan State Bar.

 

Insurance Coverage Litigation - Reinsurance - Commercial Litigation - Insurance Policy and Contract Drafting - Professional Liability Analysis - Claims Counseling and Mediation - Alternative Dispute Resolution


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