January 16, 2015
(http://www.law360.com/articles/612604/fracking-bans-may-trigger-civil-authority-coverage-after-all)
By Walter J. Andrews, Michael S. Levine and Jennifer E. White, Hunton & Williams LLP
A recent Law360 article suggests that civil authority coverage will not be implicated by local fracking bans because the bans will not result in a complete denial of access to the insured property. The article also claims that bans on fracking are not sufficient to trigger civil authority coverage because those bans are not a consequence of any actual property damage but, rather, they are merely a prophylactic measure to guard against future injury. The article does not, however, fully address three important issues that will…
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