norris choplin schroeder logo

Environmental Law

Environmental Law

At Norris Choplin Schroeder LLP, we focus on the complex insurance coverage matters unique to the area of environmental law and assist businesses and individuals in mitigation efforts.

We litigate the wide-ranging issues that arise in environmental insurance declaratory judgment actions tried in Indiana. Our combined experience in environmental remediation enforcement actions and commercial Comprehensive General Liability coverage has allowed us to develop systematic approaches to the recurrent issues in this unique field of insurance law.

Since 1986, we have represented international, national, regional, and local property and casualty carriers in coverage matters. Among our representative experience, we served as counsel for a Fireman’s Fund company in General Housewares Corp. v. National Surety Corp., 741 N.E.2d 408, a case of first impression in Indiana that led to the adoption of the known loss defense for insurers.

NCS attorneys represent clients in negotiating the landscape of environmental clean-ups through the complexities of various remediation programs and enforcement actions initiated by the Indiana Department of Environmental Management (IDEM) and other regulatory agencies.  They also represent clients facing lawsuits by neighboring property owners seeking payment for damages and remediation of contamination that has migrated off-site from the original source.  NCS attorneys regularly represent clients facing claims from new property owners seeking damages from past owners based on Indiana’s Environmental Legal Action statute, which may provide recourse to new owners for the past operations of others.

We regularly advance insurer interests regarding a variety of issues including:

  • Defense and indemnity allocations
  • Enforceability of exclusions
  • IDEM Enforcement Actions
  • IDEM Voluntary Remediation Program
  • Insurance coverage
  • Scope of the insuring agreement
  • Toxic Torts
  • Trigger of coverage

NCS Environmental Law Attorneys


Scott A. Harkness