Defending Public Nuisance Cases

When faced with the challenge of defending abusive public nuisance lawsuits, corporate defendants would be well advised to examine their insurance policies. In addition to providing coverage for any potential liability, such policies may also provide costs of defense coverage.

We recently authored an article on considerations for companies seeking to access coverage for public nuisance lawsuits in the Connecticut Law Tribune, “A New Use for an Old Tort: Courts Force Reluctant Insurers to Cover Public Nuisance Claims.” As the article points out, despite defenses raised by the carriers, courts typically have found in favor of coverage.