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Environmental Liability

The ‘Polluter Pays’ principle is well known but the Environmental Damage (Prevention & Remediation) Regulations 2009 brought into force the EC directives under strict liability.  The regulations state “…any organisation involved in economic activity (including charities & public sector) are to prevent environmental damage to; water, land and bio diversity; protected habitats or species; or sites of special scientific interest (SSSI’s)”.

The standard cover for pollution under a public liability policy will be for ‘damages to third party property and/or bodily injury’ providing the incident is sudden, unintended, unexpected and results at a specific time from one occurrence. An environmental liability policy therefore provides additional cover to these standard liability arrangements.

What is covered? The following covers are provided over and above those found in a public liability wording:

  • Clean up costs
    • This will cover clean up costs for third party property, the insured’s own property including monitoring, investigating, removal and restoration
  • Damage to third parties caused by an ongoing event
    • Includes seepage and gradual pollution
  • Third party nuisance claims  - pollution is not just physical
    • Noise and light pollution orders
  • Bio diversity claims
    • Replanting trees, restocking fish and the like
  • Waste disposal and carriage of waste
  • Defence costs for breaching government orders
    • Clean up orders given by the Environment Agency
  • Mitigation costs
  • Pre-existing contamination on own property

When arranging cover for our clients, due consideration is given to:

  • Previous use of land
    • Likelyhood of contaminants from previous businesses causing problems
  • Proximity to natural resources
    • Waterways and other natural features exposed to the risk of pollution
  • Storage of hazardous substances
  • Requirements for cover at contract sites
  • Contractual requirements

Castlemead Insurance Brokers have the knowledge, experience and market connections required to competitively place the required cover for your business.

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