Many businesses that produce some type of pollutant throughout the course of daily business operations don’t know they are doing so.
Others know they are producing pollutants and have processes and safeguards in place to reduce their release into the environment. A business can be held liable for some very costly damages when these byproducts pollute another property or harm another individual.
Pollution liability clauses were once part of general liability policies, but the extensive asbestos problems in the 1970s spurred most insurers to remove pollution protection from their general liability policies.
Today, pollution liability coverage is obtained through a separate pollution insurance policy. Pollution insurance policies are written for businesses of all sizes, shapes, and forms – from pig farms and printers to apartment complexes, salons, and dry-cleaning businesses.
Why pollution insurance?
Many businesses run the risk of creating pollution during normal daily operations.
There’s also a risk from any existing pollution already on a business’s site of operation. In either case, a business could be held liable if its pollution ends up on a third party’s property, causes damage to the property or harms an individual.
Without insurance, the business would be on the hook for paying for those damages out of pocket.
What do policies cover?
The basic premise of a pollution policy is that an insured party gets a claim related to damages caused by pollution it caused.
This insurance will protect your financial interests in the event a clean-up becomes necessary. Buying pollution liability insurance will cover your interests against lawsuits where a third party could be injured by a toxic substance produced as a result of your work.
Like most types of insurance, the specifics of a pollution policy can vary somewhat from insurer to insurer.
Depending on the insurer, a pollution policy will typically cover
- Damage to properties and individuals
- The cost of cleaning up pollution on a third party’s property
- Pollution incidents that occurred after the policy was
- Investigative, legal, and court costs should the claim enter the legal system.
Who needs coverage?
Businesses that have risks related to the handling of pollutants and hazardous materials, design professionals who work with projects where there are environmental issues, as well as those who own and occupy premises that have environmental issues, need pollution liability insurance.
This includes:
- Property owners and tenants whose buildings and land have a history of having pollutants on the property or premises. This would include a building on land that had an underground storage tank that leaked fuel oil before it was removed, contaminating the soil.
- Contractors such as roofers who handle pollutants like tar as a part of their operations need contractors pollution liability insurance to cover damage resulting from a pollution incident.
- Architects and engineers who are involved in projects that have issues related to pollutants need to add pollution liability to their errors and omissions insurance policy to manage the risk of making a mistake regarding the presence or absence of pollution issues as they plan and execute a project.
The takeaway
Don’t overlook pollution insurance as an important element of risk management. Should any questions or concerns about pollution insurance and insurance requirements arise, call us.