@dlowan,
If I may further expand MY experience (from which I cannot draw any additional comparisons)
My clients had payed fortunes for Environmental Impairment Liability Insurance, with the clear expectation that, if an environmental casualty loss ever took place, my clients would be "made whole".
The insurance companies ALWAYS, upon a claim being filed, denied coverage so that every time a claim was made, it resulted in a court case in the specific states legal roadmap. (Ohios mining laws are totally different from Wyomings)
I say that the insurance lawyers had alaways taken a position that we were not entitled to the coverage ( by the way, the insurance compainies keep collecting the premiums which can , for a small mining company, cost as much as a sizable percentage of a mines annual yield.
As my attorney friends had stated. "The job of an insurance company is to take your money and never give it back"
Ive been involved in many EIL (what we call it) cases and the defenses positions are always the same. The insurance company will fight the claim to their last breath, untril the judge says to pay up.
I realize that certain areas of law have evildoers on both sides. However, in environmental EIL (especially in mining claims) the devil lives at the insurance company's legal representatives house.