Environmental claims

Liability claims

Investigating liability decisions and the extent of contamination and environmental damage.

We work with panel loss adjusters to assist with investigating the cause for liability decisions and the extent of contamination and environmental damage to devise the most appropriate and cost-effective remediation strategies in line with policy cover and current environmental legislation.

Liability claims – whether public liability, occupier’s liability, contractors’ pollution liability or more specialist environmental impairment liability – resulting from pollution and contamination can be challenging and complex in nature.

Our rapid environment protection and investigation response and proactive management of liability claims helps protect the environment and greatly minimises the risk of prosecution for causing pollution or environmental damage. Where necessary, we can assess the impact to aquatic life and terrestrial habitats using our in-house ecology team.

Our highly experienced consultants can review and comment upon strategy and costs presented by others, to assist adjusters and solicitors with quantum enquiries.

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. Environmental impairment liability policies provide full protection against pollution and contamination to own site, third-party property, statutory liabilities, emergency mitigation and legal defence costs.

However, we are yet to see a claim where the Environmental Damage Regulations have been triggered. There have been several incidents where we have expected the regulator to use 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 offer wide interpretation of their cover to provide an indemnity, and whilst this continues companies may not recognise the need for more extensive cover.

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