Pollution Legal Liability Evaluation Reports<br />Presented by Anthony J. Galasso<br />Senior Project Manager<br />Prestig...
Introduction<br />The definition of Pollution Legal Liability (PLL) Insurance<br />How PLL Insurance works<br />What PLL ...
Pollution Legal Liability Insurance<br />“What’s in a name?”<br />Pollution Liability (PL) coverage<br />Pollution Legal L...
PLL: Protecting the Insured<br />Real estate transactions<br />M&A activity, both prospective and retrospective<br />Surpl...
PLL Insurance in Practice<br />Provides acceptable alternatives for financial assurance requirements for certain regulated...
PLL Insurance in Practice<br />Protects against third party mass tort & toxic tort bodily injury suits alleging exposure t...
What PLL Protects Against<br />Cleanup Costs, both on and off-site, from unknown, pre-existing pollution conditions, new c...
Cost Cap Policy<br />Discovery of higher concentrations and greater extent of contaminants than identified in the cleanup ...
Who Needs PLL Insurance?<br />Hotels & Motels<br />Bulk Storage Terminals<br />Warehouses<br />Manufacturing Facilities<br...
Who Provides PLL Insurance?<br />
What the Insurance Company Needs<br />An environmental due diligence report such as a Phase I ESA or similar report<br />A...
The PLL Evaluation Report<br />Facility and site location and history <br />Surrounding land use, population, surface wate...
The PLL Evaluation Report<br />Waste management (RCRA, TSCA, Solid Waste) <br />History of spills and releases <br />Regul...
Prestige Environmental’s Process<br />Arrange a thorough site inspection to identify all relevant risks<br />Evaluate risk...
Advantages of Using Prestige<br />30+ years of environmental compliance and due diligence experience<br />Ability to work ...
Case Study: Transportation Company<br />Identified compliance issues with state and local government<br />Evaluated 8 bus ...
Case Study: Industrial Facility<br />Manufacturing facility along Hudson River<br />Evaluated manufacturing process, waste...
Contacting Prestige Environmental<br />Prestige Environmental, Inc.<br />15 Corporate Place South, Suite 150<br />Piscataw...
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Pollution Legal Liability

A description of the concepts behind PLL Insurance and information on how Prestige Environmental can assist the insurance industry with PLL evaluation reports.
Published on: Mar 4, 2016
Source: www.slideshare.net


Transcripts - Pollution Legal Liability

  • 1. Pollution Legal Liability Evaluation Reports<br />Presented by Anthony J. Galasso<br />Senior Project Manager<br />Prestige Environmental, Inc.<br />
  • 2. Introduction<br />The definition of Pollution Legal Liability (PLL) Insurance<br />How PLL Insurance works<br />What PLL protects against<br />Cost Cap Policy<br />Who needs PLL Insurance & who can provide it<br />How Prestige Environmental can help you<br />
  • 3. Pollution Legal Liability Insurance<br />“What’s in a name?”<br />Pollution Liability (PL) coverage<br />Pollution Legal Liability (PLL) <br />Pollution and Remediation Legal Liability (PARLL) coverage<br />
  • 4. PLL: Protecting the Insured<br />Real estate transactions<br />M&A activity, both prospective and retrospective<br />Surplus property divestiture<br />Brownfield redevelopment<br />Post remediation regulatory “reopeners”<br />Operation of facilities, from retail to heavy industry<br />Potentially Responsible Party liability at CERCLA (and state equivalent) sites<br />Activities that are covered under PLL include…<br />
  • 5. PLL Insurance in Practice<br />Provides acceptable alternatives for financial assurance requirements for certain regulated facilities<br />Protects against claims alleging third party property damage, diminution of property value, and natural resource damages<br />Protects against Potentially Responsible Party liability at State and Federal Superfund sites<br />
  • 6. PLL Insurance in Practice<br />Protects against third party mass tort & toxic tort bodily injury suits alleging exposure to pollutants, including costs of defense<br />Protects against the financial impact of cleanup costs for unknown pollution conditions<br />Provides a remediation “warranty” against the cost of additional remediation due to regulatory “reopeners”<br />
  • 7. What PLL Protects Against<br />Cleanup Costs, both on and off-site, from unknown, pre-existing pollution conditions, new conditions, or “reopeners” of previously remediated conditions<br />Third Party or “Toxic Tort” Liability,including defense costs, for claims alleging bodily injury, property damage, diminution of property value, or natural resource damages<br />Non-Owned Disposal Site Liabilityassociated with locations at which waste was/is treated, stored, or disposed<br />Losses of Income and Extra Expensesarising from covered pollution conditions, including development soft costs<br />Transportation Liabilityassociated with transportation of waste in the insured’s vehicles or those of contract haulers<br />
  • 8. Cost Cap Policy<br />Discovery of higher concentrations and greater extent of contaminants than identified in the cleanup plan<br />Discovery of contaminants that were not identified in the cleanup plan<br />Changes in regulatory requirement<br />Legal defense associated with unanticipated cleanup<br />
  • 9. Who Needs PLL Insurance?<br />Hotels & Motels<br />Bulk Storage Terminals<br />Warehouses<br />Manufacturing Facilities<br />Financial Institutions<br />Brownfield Redevelopment<br />Commercial Real Estate<br />Printers<br />Food Processors<br />Military BRAC Redevelopment<br />Environmental Labs<br />Incinerators<br />R&D Firms<br />Hospitals<br />Transportation Companies<br />Utility Companies<br />THE LIST GOES ON…<br />
  • 10. Who Provides PLL Insurance?<br />
  • 11. What the Insurance Company Needs<br />An environmental due diligence report such as a Phase I ESA or similar report<br />A pollution loss history up to five (5) years<br />A product list complete with chemical inventory, CAS numbers, and MSDS sheets<br />Quality control and safety procedures<br />Two (2) years of financial statements<br />
  • 12. The PLL Evaluation Report<br />Facility and site location and history <br />Surrounding land use, population, surface water, geology and hydrogeology <br />Air emissions sources and status of air permits <br />Wastewater discharges and status of permits <br />
  • 13. The PLL Evaluation Report<br />Waste management (RCRA, TSCA, Solid Waste) <br />History of spills and releases <br />Regulatory status (regulatory entities are contacted directly) <br />Emergency preparedness, security, fire protection, and housekeeping <br />
  • 14. Prestige Environmental’s Process<br />Arrange a thorough site inspection to identify all relevant risks<br />Evaluate risks on the basis of historical, actual, and potential affectation of the subject site<br />Evaluate facility compliance with all applicable regulations<br />Liaise with state, federal, and local regulatory agencies<br />Provide a thorough reporting of all observations, evaluations, and risk potential<br />
  • 15. Advantages of Using Prestige<br />30+ years of environmental compliance and due diligence experience<br />Ability to work under pressure<br />Strict attention to detail<br />Exacting precision in reporting risks<br />Preparation of a high quality product<br />Consideration for the insurance industry’s requirements<br />Cost effective services<br />
  • 16. Case Study: Transportation Company<br />Identified compliance issues with state and local government<br />Evaluated 8 bus line facilities in tri-state area<br />Recommended solutions to improve compliance and overall environmental quality to minimize risk<br />Identified numerous environmental concerns including tanks, repair facilities, and waste storage<br />
  • 17. Case Study: Industrial Facility<br />Manufacturing facility along Hudson River<br />Evaluated manufacturing process, waste streams, employee safety, and site security<br />Recommended several compliance improvements and evaluated associated risks with remediation project.<br />Reviewed compliance information and identified several areas of concern including former tanks, soil and groundwater remediation<br />
  • 18. Contacting Prestige Environmental<br />Prestige Environmental, Inc.<br />15 Corporate Place South, Suite 150<br />Piscataway, New Jersey 08854<br />Phone: (908) 757-9700<br />Fax: (908) 757-5050<br />Email: girish.mehta@prestige-environmental.com<br />Visit us on the web at http://www.prestige-environmental.com<br />

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