Marsh provides a wide range of environment-related insurance products that assist clients in managing environmental risks. Various environmental programs can be developed that incorporate some of these insurance products or some of the elements of these insurance products. Examples of such programs include liability buy-outs, Brownfield programs, combined environmental and general liability programs, guaranteed fixed-price programs, and/or financial assurance programs.
Pollution Liability (PL) Insurance
This is a site environmental insurance product (vs. contractor environmental insurance product) which can be customized to the environmental risk(s) of an insured's site(s). PL forms can be designed to include coverage for the following:
- on and off-site clean up costs from unknown, newly discovered pre-existing pollution conditions;
- on and off-site clean up costs from new pollution conditions;
- third party liability for bodily injury and property damage
These forms provide coverage for defense and many of these forms also provide coverage for non-owned disposal sites, transportation of materials, natural resource damages and mold. They can also be enhanced to provide coverage for business interruption.
In the past, these forms were only offered on a site specific basis, but recently, carriers have developed new forms that offer coverage for locations on a 'blanket' basis. This means that, rather than the sites having to be scheduled onto the policy - coverage is offered for the insured's liability with respect to the locations that underwriters have agreed to insure.
General Liability (GL)
General liability coverage can be combined with Pollution Liability (PL) coverage to provide comprehensive general liability and pollution coverage.
Contractor Environmental Liability (CEL) Insurance
CEL is a contractor environmental insurance product (vs. site environmental insurance product) which can be customized to the environmental risk(s) of an insured's contractor activity(s). CEL forms can be designed to include coverage for the following:
clean up costs stemming from pollution conditions that contractors create or exacerbate at jobsites;
third party liability for bodily injury and property damage as a result of pollution conditions that contractors create or exacerbate at jobsites
These forms provide coverage for defense and many of these forms also provide coverage for non-owned disposal sites, transportation of materials, natural resource damages and mold. They can also be enhanced to provide coverage for business interruption.
In addition - these forms can be purchased on a project or practice basis. A practice basis means that the insured is purchasing coverage for all of the work that they do during the policy period.
Professional and Contractor Environmental Liability (PCEL) Insurance
PCEL is a combined professional and contractor environmental insurance product (vs. a site or CEL insurance product) which can be customized to the risk(s) of an insured's professional activity(s). PCEL forms can be designed to include coverage for the following:
- clean up costs stemming from pollution conditions that professionals create or exacerbate at jobsites;
- third party liability for bodily injury and property damage as a result of pollution conditions that professionals create or exacerbate at jobsites
These forms provide coverage for defense and many of these forms also provide coverage for non-owned disposal sites, transportation of materials, natural resource damages and mold. They can also be enhanced to provide coverage for business interruption.
General liability (GL) coverage can be combined with PCEL coverage to provide comprehensive general liability and contractor/professional pollution coverage.
Clean Up Cost Cap (CCC) or Remediation Stop Loss (CCC or RSL) Insurance
Clean Up Cost Cap or Remediation Stop Loss Insurance is an insurance product which can be customized to respond to pollution cleanup costs that exceed an anticipated cost of cleanup. Coverage can be provided for cleanup costs at, adjacent to or emanating from a defined clean up location. Policy limits attach above a "buffer" which has been placed over an expected cleanup cost. This "buffer" is usually expressed as a percentage of the expected cleanup costs and acts similarly to a Self Insured Retention (SIR).
This type of coverage is crucial for environmental remediation projects, as well as investors purchasing contaminated properties. The expected cleanup costs may be included in the insurance program by incorporating a risk funding provision. By including the expected cleanup cost in the insurance program, the insurance policy may be used as proof of financial assurance. CCC programs can also be designed to "cap" the costs of toxic tort liabilities to the extent they can be quantified and forecasted.
Combined General Liability and Pollution products - these are products which include general liability and pollution coverage on one form.
Lender Environmental Insurance
This is an insurance product which can be designed to protect lenders and companies offering credit that is secured by real property from losses, as a result of environmental conditions discovered at real properties. The policies pay for loss arising from a default on a commercial real estate loan when the loss is a result of a pollution condition. These policies typically pay the lesser of the cleanup costs or outstanding loan balance at the time of default.