EIL and CPL Claims

Contractors Pollution Liability (CPL)

Contractors responsible for the construction of the replacement Forth Bridge in Scotland have taken out a CPL Policy and the insurers have nominated OHES Environmental as their approved consultancy for the project which is estimated to take 6 years to complete. We work closely with the contractors and loss adjusters to provide a rapid containment service ensuring that damage is always minimised and remediated cost effectively

CPL policies provide protection against pollution risks during the construction phase and can include cover for the remediation of existing contamination disturbed or remobilised as a result of the development.

As construction and redevelopment projects begin to restart following the recession the demand for such cover will increase and OHES are well placed to provide the full range of consultancy, emergency response and remediation required

Environmental Impairment Liability (EIL)

The introduction of the Environmental Damage Regulations in 2009 created new liabilities for pollution to land, water and biodiversity. Cover under standard liability and property policies has not kept pace with changes in environmental legislation. EIL policies provide full protection against pollution and contamination to own site, third party property, statuatory liabilities, emergency mitigation and legal defence costs.

However, in reality we are yet to see a claim where the Environmental Damage Regulations have been triggered. There have been a number of incidents (which we cannot disclose for obvious reasons) where we have expected the regulator to us the Regulations to demand extensive remediation but they have relied on existing Statutes. In other cases, where the regulators have attempted to use the Environmental Damage Regulations, we have demonstrated that the damage criteria have not been met. Insurers often provide wide interpretation of their cover to provide an indemnity and whilst this continues companies may not recognise the need for more extensive cover.