|
Environmental - arranging insurance |
|
There are three main categories of environmental insurance policies for
commercial risks. The most important for practitioners will normally be
site-specific policies, of which there are seven main types:
- third-party environmental liability;
- first-party pollution;
- property transfer, with
warranties and indemnities;
- remediation cost cap;
- post-remediation;
- lender liability; and
- commercial land insurance
In addition, there are policies for remediation, asbestos and general contractors, as well as homeowner contaminated land protection policies.
What should you do if a client wants an environmental insurance policy? The answer is that you should contact a broker on behalf of the client, or advise the client to contact the broker directly. That broker will then determine the client’s needs, and contact the relevant insurers. The point to appreciate is that it is not advisable for a solicitor to place policies directly for clients. Most importantly, since January 2005, a
solicitor who recommends and places an insurance product must comply with the Insurance Mediation Directive. In simple terms, a solicitor will almost certainly not have the necessary skills to ensure that the client purchases the most beneficial policy for the best premium. Generally, solicitors do not possess the necessary expertise to advise the client about the range of environmental insurance policies available, or the
adequacy of a potential insurer’s security. Accordingly, leave this work to a broker (and it will usually be wise to let the broker negotiate the terms and conditions of the policy with the underwriter). For more on this see Environmental Law Handbook (Trevor Hellawell; 6th edition; The Law Society; £44.95).
|
|
December 2005 |