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CASE STUDIES Client:Developer of former Manufactured Gas Utility Plant Property Problem:Developer bought contaminated former plant site to develop for.

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Presentation on theme: "CASE STUDIES Client:Developer of former Manufactured Gas Utility Plant Property Problem:Developer bought contaminated former plant site to develop for."— Presentation transcript:

1 CASE STUDIES Client:Developer of former Manufactured Gas Utility Plant Property Problem:Developer bought contaminated former plant site to develop for residential, retail and commercial uses. The Utility required indemnification from the buyer and insurance for cleanup and third party claims. Risks:Known and Unknown contamination on-site that may result in third party claims for bodily injury and property damage. Solution:A 10 year, $20,000,000 Pollution Liability and Cost Cap policy was placed for the buyer and seller to cover third party liabilities, cleanup of known and unknown contamination.

2 CASE STUDIES Client:Developer of former Manufacturing Plant Problem:Developer bought contaminated former plant site to develop for residential, retail and commercial uses. The Manufacturer required indemnification from the buyer and insurance for cleanup and third party claims. Risks:Known and Unknown contamination on-site and off-site that may result in third party claims for bodily injury and property damage. Solution:A 10 year, $50,000,000 Pollution Liability policy was placed for the buyer and seller to cover third party liabilities and cleanup of unknown contamination.

3 CASE STUDIES Client:Metal parts Manufacturer and Tools Manufacturer Problem:Two responsible parties liable for previous contamination desired certainty to cleanup costs agreed to in settlement agreement. Risks:Cost Overrun risk from remediation project at previously owned vacant plant site. Third party claims for bodily injury and property damage, and discovery of additional contamination at the site. Solution:A 5-year, $5,000,000 Cost Cap and Pollution Legal Liability policy placed to Capital Program that covered the cleanup of any additional contamination discovered, third party bodily injury and property damage claims.

4 CASE STUDIES Client:Chemical Company Problem:Toxic Tort risks from donation to city of previously owned vacant plant site that was to become a park. Risks:Third party claims for bodily injury and property damage, and discovery of additional contamination at the site. Solution:A 10-year, $10,000,000 Pollution Legal Liability policy covered the cleanup of any additional contamination discovered, third party bodily injury and property damage claims.

5 CASE STUDIES Client:Developer of Town Landfill Problem:Developer and Town sought to develop the Town Landfill for retail, commercial and hospitality uses. Risks:Cost overruns due to discovery of unknown contamination when closing landfill, and third party claims for bodily injury and property damage past closure. Solution:A 5 year, $10,000,000 Cost Cap and Pollution Liability policy was placed to cover third party liabilities, cleanup of unknown contamination, and any claims associated with non-owned disposal sites.

6 CASE STUDIES Client:Developer Problem:Lender requiring Buyer indemnity for environmental conditions at site. Risks:Discovery of contamination requiring cleanup and/or resulting in third party bodily injuries or property damage. Solution:The property, a 44 acre former defense plant, was insured with a 10-year, $50,000,000 Pollution Legal Liability policy that covered the cleanup of any pre- existing contamination and any third party bodily injuries or property damage.

7 CASE STUDIES Client:Developer Problem:Potential Pre-existing contamination at residential/commercial development project. Risks:Cleanup as result of regulatory audit, third party claims, and discovery of additional contamination as the development continued. Solution:The project was insured with a 5-year, $10,000,000 Pollution Legal Liability policy that covered the cleanup of any pre-existing contamination any third party bodily injuries or property damage. Lenders named as additional insured.

8 CASE STUDIES Client:College Problem:College expanding facilities to include former gas station property. Risks:Potential Discovery of unknown contamination, third party bodily injury and property damage. Solution:The project was insured with a 5-year, $1,000,000 policy to cover third party liabilities and cleanup of unknown contamination.

9 CASE STUDIES Client:Community Development Agency Problem:Purchase of land with existing contamination. Risks:Discovery of unknown contamination, third party bodily injury and property damage. Solution:The project was insured with a 5-year, $1,000,000 Pollution Legal Liability policy to cover third party liabilities, cleanup of unknown contamination, costs in excess of the estimated known contamination and any claims associated with non-owned disposal sites.

10 CASE STUDIES Client:Private Firm Problem:Firm wanted to sell property located adjacent to Superfund Site. Risks:Discovery of unknown contamination, third party bodily injury and property damage. Solution:The project was insured with a 5-year, $7,500,000 Pollution Legal Liability policy to cover third party liabilities and cleanup of unknown contamination.

11 CASE STUDIES Client:Government Authority Problem:Underground excavation in relation to tunnel project.. Risks:Discovery of unknown contamination, third party bodily injury and property damage. Solution:A 6 year, $5,000,000 Pollution Liability policy was placed to cover third party liabilities, cleanup of unknown contamination, and any claims associated with non-owned disposal sites.

12 CASE STUDIES Client:Landfill Owner Problem:Owner and Town need protection against post closure pollution claims. Risks:Discovery of unknown contamination, third party bodily injury and property damage. Solution:A 10-year, $10,000,000 Pollution Liability policy was placed to cover third party liabilities, cleanup of unknown contamination, and any claims associated with non-owned disposal sites.

13 CASE STUDIES Client:Real Estate Investment Trust (REIT) Problem:REIT required Pollution Liability Insurance to protect against claims stemming from new pollution conditions and to satisfy lenders. Risks:Mold and Terrorist attacks using Chemical, Biological Nuclear and Radioactive materials. Solution:A 5-year, $30,000 Pollution Liability policy was placed to cover first and third party liabilities, mold business interruption and pollution as a result of Terrorism.

14 Mike Long BIO Mike Long has over 25 years experience in the hazardous waste and wastewater treatment sectors of the environmental industry. He has extensive experience in the areas of site cleanup, hazardous waste storage and disposal, environmental regulation and insurance. He works exclusively on analyzing environmental risks of company operations, mergers and acquisitions and real estate transactions. Mr. Long received his B.A. from the University of California, Berkeley, and has a Masters Degree from the John F. Kennedy School of Government, at Harvard University. Mike Long can be reached at (617) or him at


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