Environmental Risk Management & Insurance

Environmental Risk Management & Insurance

Overview

Cox, Castle & Nicholson is particularly adept at assisting clients in developing comprehensive risk management strategies for real estate transactions and as part of general management strategies.

We have negotiated the terms of hundreds of environmental indemnities and are intimately familiar with the best methods for structuring effective protection against environmental risks.

Our environmental attorneys are among the few who have negotiated Guaranteed Fixed Price Remediation Agreements, which enable our clients to shift the risk of remediation cost overruns to the remediation contractor in exchange for a fixed sum.

We have extensive experience in evaluating and obtaining environmental insurance policies necessary to mitigate the risk of potential environmental claims, whether for single assets or for real estate portfolios consisting of hundreds of properties. Additionally, we are keenly familiar with the shortcomings of many of the standard environmental insurance policies and have drafted extensive new policy language and endorsements to secure better coverage for our clients. Our productive working relationships with the major environmental insurance carriers enable us to secure enhanced protection for our clients' assets.

Representative
Matters

Negotiated the purchase and terms of hundreds of environmental insurance policies for real estate ranging from single assets to portfolios consisting of hundreds of assets worth billions of dollars. Specific examples include (i) negotiating the terms of a portfolio environmental insurance policy for real estate holdings purchased for over $820 million; (ii) negotiating the terms of a portfolio environmental insurance policy for commercial real estate valued at over $1 billion; and (iii) negotiating the terms of environmental policies designed specifically for lenders.

Counseled Real Estate Investment Trusts (REITs) on the acquisition of environmentally-impacted property, including the negotiation of risk management tools such as environmental portfolio policies, indemnities, and environmental escrow accounts.

Negotiated Guaranteed Fixed Price Remediation Agreements for the remediation of sites across the state of California and other states, with remediation expenses exceeding $100 million.

Attorneys &
Paralegals

Name Title City Phone  
Brooks, Preston W. Partner Los Angeles 310.284.2223
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Hughes, Perry S. Partner Los Angeles 310.284.2276
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Walker, Keith B. Partner Los Angeles 310.284.2230
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Spotlight

Cox, Castle & Nicholson Attorneys Ranked In Chambers USA 2013

Cox, Castle & Nicholson’s Environmental and Real Estate practices were ranked among the best in California by Chambers... More»