Environmental Liability Overview

Transcription

1 Allianz Global Corporate & Specialty SE Environmental Liability Overview AGCS North America Arthur Lu Germany /

2 Table of contents 1 PLL Coverage Diagram 2 PLL Insuring Agreements 3 PLL Exclusions 4 CPL Coverage Diagram 5 CPL Insuring Agreements 6 Product Highlights 7 Casualty Cover vs. Specialty Cover 8 Appetite 9 Submission Requirements 10 Competition 11 Claims Examples 2

3 Protected Area Commercial/Residential Community Hotel Resort 3

4 Typical Coverage Diagram - PLL On-Site Clean-Up On-Site Bodily Injury and Property Damage Claims Defense Costs Off-Site Clean-Up Off-Site Bodily Injury and Property Damage Claims 4

5 PLL Insuring Agreements A Own site Clean-up costs B Off site Clean-up costs C Third Party Bodily Injury or Property Damage D Emergency Response Costs E Transportation F Non owned Locations G Covered Operations H Business Interruption 5

6 Materials Exclusions 1 Asbestos and lead in buildings/ structures 2 Criminal fines, penalties or assessments 3 Employer liability 4 Identified underground storage tanks 5 Intentional noncompliance 6 Prior knowledge/ non-disclosure 7 Offshore 8 Products 6

7 Typical Coverage Diagram - CPL On-Site Clean-Up BI and PD Claims Claims for Clean-Up Costs Off-Site Clean-Up Pollution Condition Defense Costs 7

8 CPL Insuring Agreements A Third Party Bodily Injury, Property Damage, Environmental Damage resulting from Pollution Condition caused by Covered Operation B Emergency Response Costs 8

9 AGCS EIL Product Highlights USD 25 Mio EUR 50 Mio 3 years Maximum capacity North America Global master capacity Multi-year policy term (stretched term, no reinstatement) USD USD /7/365 Starting retention level for Primary programs Crisis management services Emergency response services Stand:

10 Casualty Environmental Cover General liability insurance with a limited exception for pollution losses Time element pollution Provides coverage for pollution events that are accidental and for which the insured discovers and provides notice to the insurer within a certain time period otherwise the policy precludes coverage for bodily injury or property damage arising out of a pollution event Named peril pollution Precludes coverage for pollution except when the pollution condition was the result of named perils usually lightning, windstorm, earthquake, or explosion/ rupture/ collision of tank, vessel, machinery if not caused by decay or erosion. Typically it tied to short-term event (begins and ends within 48 hours) 10

11 Specialty Environmental Cover Environmental Insurance; EIL cover Source: Shutterstock Fills coverage gaps left by Casualty programs Sudden and gradual pollution Third party bodily injury, property damage, and clean-up costs First party business interruption, first/third party transportation, non-owned sites Historical pollution cover available subject to underwriting 11

12 Appetite Manufacturing Automotive, Aviation, Pharmaceuticals, Chemicals, Heavy Industries, Machinery, Metals/ Glass, Food & Beverage Source: Shutterstock Construction General contracting, Construction management, owner-controlled, all trades/ specialties, Projects or Practice programs Source: Shutterstock Energy Onshore exploration/ production, refineries, petrochemical, bulk storage, terminals Source: Shutterstock Real Estate Commercial, industrial, mixed use, retail, hospitality 12 Source: Shutterstock 12

13 Submission Requirements 1 Casualty/ Liability submission 2 Environmental reports (Phase I, II, etc.) 3 AGCS questionnaire 4 CGL/ PL loss runs 13

14 Claims Manufacturing USA Source: Shutterstock Two brothers owned beer brewery In operation for two years with no incident Sudden red algae bloom in local lake 5 km downstream from brewery Reduced BOD, killing marine organisms, unsafe contact for humans It was determined that the wastewater discharge from the brewery was 2 o C higher than ambient water Environment damage, First party business interruption AGCS SE

15 Claims Pharmaceutical USA Source: Shutterstock City water treatment plant alarms went off, indicating higher than normal chemical content It was determined that a large pharmaceutical company nearby improperly released effluent in wastewater The company was cited by local authority for violating discharge requirements The company also mandated to shut down, and fix their effluent process Fines amounted to US$ ; business interruption over US$5 Mio (45 days) Punitive damage, Business interruption AGCS SE

16 Claims Real Estate USA Source: Shutterstock In Feb 2008, a diesel fuel spill occurred at the property Over 1,200 gallons of diesel fuel spilled into the top floor mechanical room, and then seeped down various utility shafts and electrical ducts which service all tenant levels All tenants evacuated and property owner paid for clean-up and restoration All tenants returned by June 2008 Over US$2 Mio clean-up and restoration work Third party loss of use over US$1 Mio, no estimate of first party interruption First party clean-up, first and third party business interruption AGCS SE

17 AGCS SE 2014 Claims Construction USA Source: Shutterstock Large scale US$500 Mio redevelopment project to turn former waste treatment facility into a mixed use, commercial property Owner hires consultant to perform due diligence on the subsurface as part of project works Due diligence checks out and excavation/ grading company enters property to start work After 30 tons of soil removed, excavator strikes unknown buried drum, which contained petroleum waste product, Project halts and remediation firm is now hired to clean-up petroleum Clean-up costs; Delay of construction AGCS SE

18 Claims Manufacturing USA Source: Shutterstock Client is a dairy production and produces cow s milk After processing, the product is delivered in tanker trucks During transit, the driver suffered a medical emergency and the truck rolled over, spilling roughly gallons Milk spills into waterway, killing several hundred fish The company is responsible for clean-up and environment damage Property damages over US$ 0.5 Mio Clean-up over US$ 0.25 Mio AGCS SE

19 Allianz Global Corporate & Specialty Your contacts For further information please contact: Arthur S. Lu Practice Leader Environmental Liability, North America Thomas Sproho CUW Liability 1 Thomas.Sproho@allianz.com Carsten Krieglstein Regional Head of Liability Carsten.Krieglstein@allianz.com Burghard Schulz CUW Liability 2 Burghard.Schulz@allianz.com Udo Kurrat CUW Liability 3 Udo.Kurrat@allianz.com Thomas Moll CUW Liability 4 Thomas.Moll@allianz.com Disclaimer & Copyright Copyright 2015 Allianz Global Corporate & Specialty SE. All rights reserved. The material contained in this publication is designed to provide general information only. Please be aware that information relating to policy coverage, terms and conditions is provided for guidance purposes only and is not exhaustive and does not form an offer of coverage. Terms and conditions of policies vary between different insurers and jurisdictions. Whilst every effort has been made to ensure that the information provided is accurate, this information is provided without any representation or warranty of any kind about its accuracy and Allianz Global Corporate & Specialty cannot be held responsible for any mistakes or omissions 19

20 Allianz Global Corporate & Specialty Disclaimer & Copyright Copyright 2015 Allianz Global Corporate & Specialty SE. All rights reserved. The material contained in this publication is designed to provide general information only. Please be aware that information relating to policy coverage, terms and conditions is provided for guidance purposes only and is not exhaustive and does not form an offer of coverage. Terms and conditions of policies vary between different insurers and jurisdictions. Whilst every effort has been made to ensure that the information provided is accurate, this information is provided without any representation or warranty of any kind about its accuracy and Allianz Global Corporate & Specialty cannot be held responsible for any mistakes or omissions 20