Posts Tagged ‘Pollution Insurance’

Carriers are Redefining Underwriting Guidelines for Contractors

Wednesday, September 1st, 2010

It’s easy to identify when a contractor falls into the ‘environmental contractor’ category when he or she has a title like asbestos abatement contractor or mold remediation contractor, but what about contractors who do more general contracting work? Can we write General Liability coverage for them as well? Our underwriters have always recognized that that there is a risk to some of these more general contracting classes of business and have acknowledged that the accounts do have a Pollution exposure, but just couldn’t justify writing the GL and Pollution for them. In the past, most carriers have required at least 50% of receipts to be from environmental services in order to be considered an ‘environmental contractor.’

We are now finding that the requirements for this split have gone down significantly, and our markets are becoming more flexible in the types of accounts they will consider. Many carriers have seen the benefit of writing both the GL and Pollution for these risks and are therefore redefining these underwriting guidelines. Account types include:

  • Bioremediation contractors
  • Industrial cleaners
  • Demolition contractors
  • Crime scene cleanup/meth lab cleanup contractors
  • Bio-solid applicators
  • Service station contractors
  • Pipeline contractors
  • Fire & water restoration contractors
  • Many others – please talk with a Beacon Hill representative to discuss a specific account.

Check out some of our recent GL/CPL environmental contractor success stories!

For more information, call us at 1-800-596-2156.

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BP Oil Spill Disaster Creates Opportunity for Environmental Contractors’ Market

Thursday, August 12th, 2010

Article written by Beacon Hill’s Assistant Vice President, Michael Tighe. Featured in the August 2010 issue of Insurance Journal.

No matter which television channel or website you turn to, the Gulf oil spill has dominated the news. This is an environmental crisis that will affect the region’s economic capabilities and natural resources for years, if not decades, to come. Between 2 to 4 million barrels of oil have spilled into the gulf, compared to 257 thousand barrels during the Exxon Valdez event . The fishing and tourism industry, which was depressed before the tragedy, is now virtually non-existent. Gulf coast economies from Texas, Louisiana, Mississippi, Alabama, and Florida have all been affected, and scientists are predicting that the Gulf current may carry contaminants along the Florida Keys and up the east coast.

This disaster creates a tremendous opportunity for remediation contractors and consultants. Environmental contractors from across the country have flocked to the Gulf in search of clean-up contracts. Over twenty-four thousand people are working as part of the response to the April 20th accident and its aftermath. The spill has created a wide array of jobs from remediation/spill response contractors to ship boat captains to day laborers. Many unemployed fishermen, construction workers, and general laborers are receiving OSHA HAZOPER training and aiding in the clean up. “We have received numerous phone calls about potential start-up businesses or companies opening up new divisions in this area,” said Michael Tighe, Assistant Vice President at Beacon Hill Associates, a wholesale insurance broker and program administrator, specializing in the placement of environmental insurance.

Remediation Methods Used

More than 46,000 people – and nearly 7,000 boats – are now employed in the response1. While fishing business was struggling before the disaster, fishermen are now making $1,200 – $3,000 a day laying floating booms that contain oil once it rises to the surface . Where the oil collection is greatest they often create a “burning box”, which is a controlled burn over the water. In the marshes and other wetlands, contractors are mopping the oily sheen with absorbent oil pads, wiping each blade of grass, which can be time-consuming labor. In open water, boats are equipped with oil/water separators that skim surface water and can extract two thousand barrels of oil per day . Thousands of workers comb the beach using shovels or shifting machines collecting tarballs on the sand. Unfortunately, oil can be buried underneath the sand, between tides, which will require sand incineration or other deeper cleaning methods.

Potential Coverage Issues

Below are some coverage issues agents should consider when obtaining Pollution insurance for their clients.

Action over – not all liability policies provide action over coverage. An employee of the contractor may potentially sue the project owner directly for liabilities suffered during the work. This type of claim occurs more frequently with remediation contractors.

Time element triggers – some policies limit pollution to a sudden/accidental trigger only whereby the pollution occurrence and claim filing must occur within a limited period of time (usually 72 hours).  A policy that includes gradual pollution is more effective for emergency response contractors.

Coverage territory – The coverage territory within the policy may not include international waters.

Designated operations – Many Contractor Pollution policies provide coverage only for operations listed on the policy. If the contractor’s work expands beyond what is listed, no coverage may be afforded.

Watercraft exclusions – there are specific limitations under a package General Liability and Pollution policy pertaining to the use and length of boats allowed.

Subcontracted work and construction management exclusions – if the remediation contractor is using subcontractors, liability may extend only if the sub meets specific qualifications and insurance requirements. Also, the supervision of subcontractors may not be covered unless a Professional Liability policy is in force.

Transportation and disposal issues – if the contractor is responsible for the transportation and disposal of waste, there may be no coverage afforded under a basic Contractors Pollution policy, should an incident occur beyond the boundaries of a job site. Limited coverage is attainable in the marketplace with proper information.

Product exposures – specific Product Pollution policies are available for manufacturers and distributors of chemical dispersants, separators, containment booms, etc. used in the spill response. Coverage can be written stand alone or in conjunction with a commercial General Liability policy.

Pollution definitions – vary greatly. Some do not include “waste” in their definition of a pollutant. If waste/refuse is not included in the definition, it may lead to gaps in completed operation and disposal coverage.

Property – hurricane and wind concerns – In addition to contracting pollution exposures there has also been interest in environmental coverages from property owners.  In the midst of hurricane season, commercial property owners are becoming increasingly concerned that high winds may carry petro contaminants onto their premises. Interested parties are not only coastal, but miles away from shore. If the specified cause of loss is not the windstorm but rupture of the underwater well, many agents have found little or no pollution clean up coverage for real or personal property. The next wave of environmental contractors to the Gulf may be restoration contractors equipped to extract water and oil in and on buildings.

Due to the influx of submissions that environmental markets are receiving, they are starting to quantify the number insureds involved in the clean up effort. Additional supplemental applications may be needed to gauge the amount of on and off shore activities, as well as the amount of work subcontracted. Some carriers are limiting their exposure to coastal premises/site pollution policies, possibly offering coverage with higher retentions or without first party clean up triggers.

While agencies scramble to secure pollution coverage for their clients being affected by the oil spill in the Gulf, they should also get a clear picture of the prospective insured’s scope of operations, contractual responsibilities, and qualifications. This is crucial in order to offer effective insurance solutions, as no two policies are the same in the environmental insurance marketplace.

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Pollution Insurance: Peace of Mind or Smart Marketing?

Thursday, July 29th, 2010

Article by Bill Pritchard, President of Beacon Hill Associates, Inc.

In today’s competitive insurance industry and struggling economy, agents are hard pressed to sell anything more than the bare coverage necessities. But while this challenge may seem daunting, it is not without significant rewards. Increased revenue, stronger client relationships, and peace of mind are just a few. Given the pressures many agencies are currently feeling, certain additional coverages are an opportunity to grow in this soft market.

Many insureds have exposures that are broader than the coverage they carry. While this is not the easiest thing for agents to talk with their clients about, it is a crucial discussion nonetheless. With all of the other difficulties a business faces, inadequate coverage is not acceptable in the face of a significant claim. No agent wants to be on the wrong side of that conversation should it happen to their client.

One such exposure is posed by the pollution exclusion in the CGL policy. Virtually every business has some degree of environmental exposure, given the very broad definition of a pollutant that is addressed by that exclusion. Most airborne irritants fit the definition, leading to a wide range of possible coverage gaps.

Clearly, this is a coverage every insured should know about. It is important for an agent to recognize the value of this product—in many respects, what makes this a good product for the agent also makes it a good choice for the insured.

Agents are presented with many ancillary exposures and coverages to consider with their clients. Typically they cannot all be addressed. Given this, an agent needs to choose which coverages to provide terms on, and which to briefly discuss and let go. For an agent, there are two key considerations when deciding this. The first is that there is an exposure that is not addressed by the insured’s current insurance program. The next is that coverage is available from quality carriers, is effective, and is affordable. A positive response to these questions means an agent should offer the coverage, as failing to do so would put an agency in an untenable position in the event of a loss.

Once the choice to focus on environmental coverage has been made, the attention can then turn to the advantages to offering it. Luckily there are many.

First and foremost, offering broader coverage to a client helps demonstrate an agency’s professionalism. A firm that understands the complex needs of their clients in relation to the structure of the policies they offer is clearly seen as a more professional, experienced, and valuable agency partner. Knowing the coverage and having the tough conversations about it is what distinguishes agencies from each other. Environmental insurance is an excellent opportunity to do just that.

Similarly, insureds who carry environmental coverage are in a position to use that to differentiate themselves from their competitors. Advising potential clients of the scope of this coverage, and the added security it provides, gives them a competitive edge. Contracts calling for pollution coverage are easily met, allowing insureds to present themselves as prepared and professional.

In addition to the advantages gained through enhanced stature, pollution coverage gives both parties peace of mind. For the agent this comes from knowing that a client’s significant coverage gap has been addressed. Regardless of how thorough an agent has been in having the client disclaim coverage offered, it is always better to have the coverage in force than to have to worry about a potential problem down the road. In a world where coverage that is missing from an insured’s policy is found in the agency’s errors and omissions policy, having a client purchase the proper insurance is more than just a good idea.

For an insured, a similar peace of mind exists. As every business owner knows, walking the tightrope of coverage versus exposure can be stressful. Insurance is a powerful risk management tool and is a key component of every insured’s management plan. Deciding which risks to retain, and which to transfer, has to be based on a complete knowledge and understanding of the actual risk. Once the environmental exposures are explained to the insured, the decision to purchase coverage becomes a clear choice between retention and transfer. Deciding to purchase broader coverage and transfer the risk puts yet another business threat in the category of transferred, and allows the insured to focus their concerns elsewhere.

There are financial incentives for both the agent and insured in the purchase of environmental coverage as well. As with the exposures, having a clear picture of the benefits to both parties is crucial to the decision-making process. For an agent, there is of course an actual cost to generate this class of business. Marketing to carriers, brokers, MGAs and other market sources can be time consuming and difficult. Many carriers require separate appointments for environmental coverage, and require their own unique application as well.

Luckily, there are several ways to access the market in an efficient way that also increases the likelihood of receiving a high quality program designed specifically for the insured. There are a few highly skilled, experienced specialty brokers that can give a retail agent access to the top carriers in the business, offering very broad coverages. Many of these brokers are well known for their product knowledge, and give the agent the tools needed to explain both the exposures and the coverages to the client. The right specialty broker can add significant value to the agent’s process, increasing the odds of writing the account at the lowest possible cost in a reasonable timeframe for the agency.

Once effective coverage from a quality carrier has been found, the revenue it provides to the agency is a welcome addition in a difficult year. Commissions range from modest to excellent, depending on the source accessed. Regardless, the agent needs to keep in mind the value of linking another policy to the chain for that client. The more coverage they have in force for an insured, the harder it will be for a competitor to replicate the program or threaten the relationship at renewal.

As with the coverage considerations, the cost benefit analysis for the insured is a positive one as well. While the additional premium may not be something they initially plan on, given the softening market, it is unlikely that adding the coverage this year would push them above their expiring costs. Balanced against this is the additional business they can attract with the coverage, as well as the protection against unplanned environmental loss. Many insureds highlight this specific coverage in their marketing and SOQ materials. By recognizing the reasons why coverage is beneficial to the insured, agents are able to take this higher standard of security—for themselves and their clients—and turn it into revenue-generating opportunities.

Given the challenges of the economic climate in which businesses are currently functioning, there are many reasons why agents and their insureds should carefully consider environmental coverages. The downside of cost and effort is certainly offset by the opportunity to bring in more business. These benefits are shared equally between the agent and client, which create a unique and valuable synergy.

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