Environmental Impairment Liability
In less than a decade, Canada's environmental legislation has moved from a traditional approach of nuisance and negligence to one of absolute burden where the polluter pays.
Until recently pollution caused on a sudden and accidental basis was covered under a commercial general liability policy. As a result of recent court decisions, however, most insurers have now added a "total environmental liability" exclusion.
EIL is Designed For
- Waste management contractors, trucking companies and recyclers
- Manufacturers, refiners, and food processors
- Machine shops, printers and photo processing stores
- Hospitals, laboratories, universities and municipalities
Basically anyone producing, processing, transporting, storing or otherwise handling potential contaminants. Contaminating material can even include such common substances as salt and fuel oil, which while not inherently hazardous, can harm plants, livestock or drinking water sources.
Your Insurance Coverage
The claims-made policy defines pollution coverage much more broadly than other liability policies. In addition to bodily injury and property damage losses, the EIL policy also includes off-site clean-up costs and defence expenses. EIL protects you against liabilities imposed by powerful new federal and provincial legislation, and includes coverage for shareholders, officers, employees, directors and other members of elected boards. As well, on site clean-up can be provided by some carriers.
Coverage is available for gradual and sudden events, or may be limited to sudden events only. The policy does not automatically exclude wastes or materials to be recycled. EIL can also provide fully retroactive coverage for environmental impairment about which you had no prior knowledge.
An environmental risk assessment must be made by approved engineers before coverage can be bound.
We'd be happy to tell you more about our EIL policy. Please contact:
Phone: 519-650-6363 ext. 41225
Toll Free: 1-866-91COWAN (1-866-912-6926)