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John G. Nevius

John G. Nevius
John G. Nevius

 

J.D., Pace University School of Law
M.S.E., University of Pennsylvania
M.S., University of Pennsylvania
B.S., University of Connecticut

John G. Nevius is an Adjunct Faculty member at Pace University Law School where he teaches Science for Environmental Lawyers as well as the inaugural Climate-Change and Insurance class as part of the first Climate Change LLM Program. He also is a shareholder in the New York office of Anderson Kill and Chair of the Environmental Law Group. He has successfully resolved and litigated a variety of legal and technical matters, most of which involve insurance coverage.  He has obtained over $200 million in settlements and judgments from insurance companies.  He also has represented numerous Fortune 500 companies and has extensive experience trying or arbitrating complex disputes, generally on behalf of policyholders, in the following areas:  environmental, real estate, construction, power-generation, mining, electronics, petro-chemical, telecommunications and work-place safety.

Mr. Nevius has a broad range of legal experience, but is a recognized expert on environmental insurance and risk management, including general liability, pollution legal liability (PLL), finite risk, financial assurance and so-called pollution exclusions. Mr. Nevius is co-author with the late Eugene R. Anderson of a treatise on Brownfields Law and Practice involving clean up and redevelopment of contaminated real estate using insurance.  He is routinely retained by policyholders, developers and other lawyers to evaluate, and maximize, recovery of insurance assets.  He is also a Senior Consultant at Anderson Kill Insurance Services (AKIS), a non-legal subsidiary of the firm.

He is a member of the firm's International Business Department and his clients include several multi-national as well as Canadian-based mining, energy, telecommunications and electronics companies.  Mr. Nevius also has extensive international arbitration experience and training in international law.

Mr. Nevius has a J.D. from Pace with a concentration in environmental law. He has Masters degrees in Civil/Systems Engineering as well as Geology from the University of Pennsylvania and a B.S. in Geology/Geophysics from the University of Connecticut.

Mr. Nevius is a Registered Professional Engineer (PE 045229E) and was a Senior Project Manager/Hydrogeologist at the U.S. EPA for more than 8 years.  He has written and lectured widely on insurance coverage and environmental issues, including Brownfields and clean-up provisions of federal and state environmental laws (generally RCRA and CERCLA a/k/a Superfund).  At EPA, he provided technical and enforcement support to Region III's Criminal Enforcement Branch, the Inspector General and the FBI.  Mr. Nevius is the author of two Records of Decision (RODs), has testified as an expert witness in federal court and received an EPA National Excellence in RCRA Enforcement award and a Bronze Medal. 

In 2010, 2011 and 2012, Mr. Nevius was selected by his peers to Super Lawyers for Insurance Coverage. In 2010, Mr. Nevius was also selected for the Editorial Board of the Environmental Claims Journal.

Representative Engagements

Mr. Nevius has represented numerous corporations, including such household names as American Standard, Arrow Electronics, Brooks Brothers, Clorox (First Brands), Cyprus Amax Minerals, DynCorp, Freeport McMoRan, Henry Schein, Jacobs Engineering, Murphy Oil, PPM America, Pulte Homes, Purdue Pharma, Reynolds Metals, Samsung, Savin, Sbarros, Sprint, Structure Tone,Tektronix, Texas Instruments, Textron, Thiokol, TransCanada, Waste Management, Weyerhaeuser, and Yukon Nevada Gold Corp.  Mr. Nevius has also represented the State of California, the Canadian provincial Government of the Yukon, the Village of Millbrook, NY, and the City of Holland, MI, as well as several Brownfield developers and lenders, including Commerce Bank, Valley National Bank and JP Morgan Chase.

Major Cases, Trials and Arbitrations

Mr. Nevius has been directly involved in obtaining favorable outcomes for policyholder clients in the following:

  • Nat’l Union, ACE INA and Arch, etc. v. TransCanada Energy USA, Inc. and ATC Ravenswood Services Corp., Index No. 650515/2010 (NY Sup., NY Co. 2010); and TC Ravenswood, LLC v. Nat’l Union, Factory Mutual, et al., Index No. 400759/2011 (NY Sup., Quns. Co. 2011) (Steam Turbine Business Interruption and Property Damage Coverage Dispute)
  • NA Dulles Real Estate Investors, LLC v. Chicago Title Insurance Company, Index No. 10-44582 (Dist. Ct., Suffolk County) (filed January 31, 2011) (Real Estate-Development Dispute Involving Access and Title Insurance)
  • Triangle Aviation Services, Inc. v. Fenley & Nicol Environmental, Inc., Docket No. 600228/2010 (N.Y. Sup. Ct. Nassau Cty.) (filed March 31, 2010) (As Yet Unresolved Environmental Dispute)
  • Sprague Energy Corp. v. American Home Assurance Company, a wholly owned subsidiary of American International Group, Inc. ("AIG"), a/k/a American International Underwriters ("AIU"), Civ. Action No. 1:09-cv-01136 (AWT) (D. Conn) (filed July 20, 2009) (Environmental Insurance Coverage Dispute)
  • Queenstake Resources U.S.A., Inc. v. American Int’l Specialty Lines Ins. Co. (AIG), Civil Action No. 07-CV-00148 (D. Colo. filed January 19, 2007) (International Arbitration – Mine Financial Assurance)
  • Arrow Electronics, Inc. v. Aetna Cas. & Sur. Co., et al., Case No. BC342044 (Cal. Super., L.A.County (filed October 26, 2005) (Environmental Coverage Action – General Liability)
  • Benenson v. Mass. Mut. Financial Group, (Cal. Super. Ct., Los Angeles Cty., No. BC 296920) (filed November 3, 2004)
  • Tensolite Co. v. Flextronics Int’l Ltd., Scanfil Oy and Nokia, Inc., Civil Action No. 03-CV-9675 (S.D.N.Y. filed December 5, 2003) (International Arbitration – Telecommunications)
  • Employers Ins. of Wausau v. Tektronix, Inc., No. CCV 9908032 (Or. Cir. Court, Clackamas County) (August 2002) (Environmental Coverage Trial – General and Environmental Impairment Liability)
  • Waste Management, Inc. v. Admiral Ins. Co., et al, Docket No. HUD-L-931-92 (N.J. Super., HudsonCounty) (November – December 2001) (Environmental Coverage Trial)
  • ZRZ Realty Co., et al. v. Beneficial Fire & Cas. Co., et al, Circuit Court No. 9708-06226 (Or. Cir.,Multnomah County) (October – December 1999) (Environmental Coverage Trial)
  • Cascade Corp. v. American Home Assur. Co., et al., No. 9205-03083 (Or. Cir., Multnomah County) (July – October 1998) (Environmental Coverage Trial)

Published Legal Decisions

Mr. Nevius has represented clients in the following reported decisions:

  • ZRZ Realty Co. v. Beneficial Fire and Casualty Ins. Co., et al., 222 Or. App. 453, 194 P.3d 167 (Oct. 1, 2008), modified 225 Or. App. 257, 201 P.3d 912 (Jan. 14, 2009) 
  • Federal Ins. Co. v. Samsung Electronics Am., Inc., et al., 268 S.W.3d 506 (Tex. 2008)
  • Employers Ins. of Wausau v. Tektronix, Inc., 211 Or. App. 485 (2007)
  • Cascade Corp. v. Am. Home Assurance Co., et al., 206 Or. App.1 (2006)
  • Hold Bros., Inc., et al. v. Hartford Cas. Ins. Co., Case No. 04 Civ. 7223 (SAS) (S.D.N.Y., Jan. 27, 2005)
  • Pulte Home Corp. v. Fidelity and Guar. Ins. Co., 2004 WL 516216 (Va. Cir. Ct., Feb. 6, 2004)
  • Soho Plaza Corp. v. Nationwide Mut. Ins. Co., 2003 WL 22255005 (N.Y.A.D. 1st Dept. Oct. 2, 2003)
  • Textron Inc. v. Aetna Cas. & Sur. Co., 754 A.2d 742 (R.I. 2000)
  • R.E.O., Inc., et al. v. The Travelers Cos., No. CV 9503725225 (Conn. Super. 1998)
  • Thiokol Corp. v. Certain Underwriters at Lloyd's, London, No. 96-CV-028-B, 1997 WL 33798359 (D. Utah 1997)
  • St. Paul Fire & Marine Ins. Co. v. McCormick & Baxter Creosoting Co., Inc., 324 Or. 184 (1996)

Recent Speaking Engagements

  • "Case Law Overview/Lessons Learned:  Claims Handling to Maximize Available Environmental Coverage and Minimize Disputes with Carriers," New York State Bar Association Emerging Issues in Environmental Insurance Program, New York, NY (December 3, 2012)
  • "Legal Aspects of Hurricane Sandy and Climate Change," Lawline Breakfast Series Live CLE Webinar, New York, NY (November 28, 2012)
  • "Protecting the Environment from Natural Disasters," 19th International Petroleum Environmental Conference (IPEC), Denver, CO (October 30, 2012 - November 1, 2012)
  • "Environmental Insurance Today," Industry Breakout Sessions: Important Issues Affecting Key Industries, 16th Annual Policyholder Advisor Conference, New York, NY (October 25, 2012) (with Charles T. Lee and Robert D. Chesler)
  • "Hydraulic Fracturing for Oil Extraction:  Things Property Owners Should Consider Before Leasing," RIMS Great Lakes Regional Conference, Cleveland, OH (September 12-13, 2012) (with Lawrence J. Bartelemucci)
  • "Environmental Issues in Real Estate Development and Leasing," Anderson Kill & Olick Seminar, New York, NY (May 31, 2012) (with Robert S. Cook, Jr.)
  • "Managing Emerging Environmental Risks," RIMS National 2012 Conference, Philadelphia, PA (April 18, 2012)
  • "Climate Change and Insurance," Pace University School of Law, Center for Continuing Legal Education, White Plains, NY (March 1, 2012)
  • "Ethical Issues in Environmental Risk Management: Ensuring that Environmental Professionals, Risk Managers, Brokers and Counsel Do the Right Thing!," Pace University School of Law, Center for Continuing Legal Education, White Plains, NY (February 23, 2012) (with Jeffrey A. Cohen)
  • "Coverage Implications From Fracking," HB Litigation Gas Drilling Operations Conferences, Dallas, TX (December 13, 2011)
  • "Dealing With Financial Assurance, Including CERCLA 108(B)," 18th International Petroleum & Biofuels Environmental Conference: Environmental Management, Compliance & Auditing; Forensic Geochemistry, Houston, TX (November 10, 2011)
  • “Energy & Chemical – Environmental Ethics:  Practical Ways to Do the Right Thing,” Industry Breakout Sessions:  Important Issues Affecting Key Industries, 15th Annual Policyholder Advisor Conference, New York, NY (October 13, 2011) (with Jeffrey A. Cohen)
  • "Global Warming Lawsuits: Are The Courts Taking Them Seriously?," AKO's First Annual Business Interruption Conference, Miami, FL (September 15, 2011)
  • "Study and Study Designs," HB Litigation Conferences Gas Drilling Operations Conference - Hydraulic Fracturing (Fracking), Philadelphia, PA (September 9, 2011)
  • "Ethical Considerations in Environmental Law," Lawline CLE Webinar, New York, NY (June 22, 2011) (with Jeffrey A. Cohen)
  • "Global Climate Change and the Impact on Risk Management: Insurance Claims in the New Millennium," University of Pennsylvania, Philadelphia, PA (April 20, 2011)
  • "Environmental Issues and Today's Career Opportunities: One Person's Path," University of Pennsylvania, Philadelphia, PA (April 20, 2011)
  • "Science in the Court Room: Objectives, Data, Quality," Live Webcast at Pace University School of Law, Center for Continuing Legal Education, White Plains, NY (March 30, 2011)
  • "Finding Balance in the Shifting Sands of Insurance Coverage: So, Are Things Really Heating Up? Coverage for Climate Change, Air Emissions, and Oil Spills,” American Bar Association Tort Trial & Insurance Practice Section’s 19th Annual Insurance Coverage Litigation Committee Midyear Program,” Phoenix, AZ (February 25, 2011)
  • "Claims and the Gulf: Oil Spills, Severe Weather and Climate Change - Is There Insurance Coverage?," Pace University Center for Continuing Legal Education, White Plains, NY (January 13, 2011)

Recent Publications

Mr. Nevius was an editor of the Pace Environmental Law Review and is the author of numerous articles, including:

Recent Press

John's work has been cited or he has been quoted in the following:

  • "Stuck in the Middle: Climate-related risk exposure is increasing in emerging economies, and middle-market businesses are often not insured for the losses that may occur," Risk & Insurance Magazine(December 18, 2012)
  • "11th Circ. Could Lend Wider Net To Fla. Pollution Exclusions," Law360 Insurance (August 14, 2012)
  • "Nationwide Statements Shake Up Fracking Coverage Debate," Law360 (July 16, 2012)
  • "Insurers Get New Weapon For Global Warming Coverage Rows," Law360 (June 27, 2012)
  • "Risk managers required to address wide range of environmental issues," Business Insurance(April 22, 2012)
  • "Court sides with insurance industry in global warming lawsuit," Environmental Finance magazine(April 26, 2012)
  • "Climate change case ruling favors insurer in coverage dispute," Business Insurance (April 22, 2012)
  • "Caution Signs Ahead - For attorneys, social networking presents an ethical obstacle path," San Diego Lawyer Magazine (November/December 2011)
  • "Movers & Quakers - From Test Tubes to Briefs," University of Penn Alumni Magazine (Fall/Winter 2011/2012)
  • "Liability, Claims Issues Surfacing: Carriers, gas drillers and explorers now trying to determine where coverage in natural gas hydrofracking cases may lie," Risk & Insurance Magazine (September 20, 2011)
  • "Steadfast Insurance has no duty to defend in climate suit," Business Insurance (September 25, 2011)
  • "High court limits emissions lawsuits," Business Insurance (June 26, 2011)
  • "Insurers Likely To Avoid Japanese Nuclear Claims," Insurance Law360 (March 14, 2011)
  • "Courts fail to clean up pollution coverage rules," Business Insurance (February 20, 2011)
  • Mixed messages sent on global warming suits," Business Insurance (January 16, 2011)

Professional Memberships

American Bar Association: Climate Change Subcommittee of the Insurance Coverage Litigation Committee of the Trial & Insurance Practice Section; The Bar Association of the City of New York; The New York State Bar Association: Environmental Insurance Committee

Association Memberships

American Geophysical Union; American Society of Civil EngineersThe Risk and Insurance Management Society (RIMS)

Board Memberships

Trustee, Life-Time Member and Chairman, Law Committee of The Holland Society of New York; Trustee of the not-for-profit Brooklyn Free Space, a cooperative pre-school.

Personal

Mr. Nevius lives in Brooklyn with his wife, Alison A. Hess, C.P.G., a Senior Project Manager for the EPA and daughters, Anne and Kathleen.  John also is a direct descendent of Johannes Nevius, an emigrant from Holland who was the Secretary of New Amsterdam/New York in 1650-60.