Industry News

Environmental Impairment Liability is becoming an increasingly popular condition.

Premises Pollution Liability / Environmental Impairment Liability

August 2022

When purchasing premises it is becoming increasingly common for a condition of the purchase to be subject to Environmental Impairment Liability for historical pollution issues that come to light, with extensive periods of cover (normally for 10 years or more) being required. 

We are able to arrange cover which is designed to offer a broad range of flexible, affordable protection for both first and third party environmental risks.  We use our capabilities in insurance to work with Insurers to provide cover for companies across many sectors of industry and business and help design bespoke products suitable for your needs. This helps to avoid gaps in cover and allows peace of mind that environmental risks are adequately catered for. 

Cover is available to provide indemnity against legal liability for bodily injury, property damage and trespass nuisance or obstruction sustained by third parties for which you are legally liable, with imposed remediation costs and biodiversity damage being included. 

The ‘limit of indemnity’ is usually provided for a 10 Year policy period with the key policy covers including: 

  • Sudden & Accidental & Gradual Pollution 
  • Remediation Costs imposed by Regulators, including own property and that owned by third parties 
  • Biodiversity Damage including complementary and compensatory remediation costs under European Environmental Damage Regulations 
  • Third Party Legal Liability for Bodily Injury, Property Damage (including loss of use and diminution in value), Nuisance, Trespass and Obstruction 
  • Legal Defence costs 
  • Emergency Expenses Costs / Loss Mitigation where required to respond to the imminent threat of Pollution or Biodiversity Damage 
  • other Associated Costs & Expenses