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Employment Practices Liability Ins. (EPLI)
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Non-Profit D&O |
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Underground / Aboveground Storage Tanks (UST / AST) |
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Insurance to protect property owners, managers and developers against environmental losses that could impair a company's ability to operate, expand, buy or sell locations. This coverage offers site-specific coverage for first party clean up at an insured property. Routinely, third party coverage resulting from pollution conditions that cause on or off-site bodily injury, property damage or clean up are included. The policy is specifically designed for commercial real estate risks, whether they are single site risks or portfolio risks.
NOTE: The claims scenarios summarized are offered only as examples. The examples are not intended to establish any standards of care or to serve as legal advice appropriate for any particular factual situations. Coverage depends on the actual facts of each case and the terms, conditions and exclusions of each individual policy.
1. A property that was a former cattle auction facility allegedly was contaminated with a pesticide known as toxaphene from the use of a cattle dipping tank to clean cattle. A bank came into possession of the property based upon a foreclosure action. The bank reviewed and updated a Phase I Report prepared by an earlier consultant. In its report, the environmental consultant reiterated the description of the dipping tank and the potential pesticide contamination found in the initial Phase I.
Following the purchase of the property, the state's Natural Resource Conservation Commission notified the bank that it required testing for pesticides to be done around the dipping tank on site. The bank discovered an area of approximately 10,000 square feet of soil around the dipping tank that contained toxaphene up to a depth of nine feet. Based upon this evaluation, the bank was held responsible for all clean up charges and damages.
Outcome - Investigation and clean up costs amounted to over $420,000.
2. A developer began expansion of a housing project. During excavation oily soils with a petroleum odor were discovered. Further investigation uncovered an old, undocumented sludge drying pit that the previous owner used back in the 1940s.
Outcome - The developer had to remove and remediate the soils at his expense. Clean up costs exceeded $400,000.
3. A swimming pool supplies distributor purchased a warehouse for storage. When a forklift operator at the facility accidentally ruptured several five-gallon containers or chlorine, the spill followed a floor drain to the outside of the building. As the material was being cleaned up, piping was found that lead to four underground storage tanks used in the 60's for the storage of gasoline. It was discovered the tanks had been improperly abandoned. Removal of the tanks according to state regulations was recommended. During removal for the tanks, substantial soil and groundwater contamination with petroleum products was found.
Outcome - Remediation expenses and consultant fees totaled $650,000.