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Environmental Liability Insurance

In Australia there is a complex matrix of federal, state and local government environmental legislation which is constantly evolving.
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In order to understand your environmental exposures we need to explore your liabilities under environmental legislation.

In Australia there is a complex matrix of federal, state and local government environmental legislation which is constantly evolving.

Many clients are surprised to discover the following:

  • Landowners, license holders, landlords, tenants, mortgagees/lenders and future purchasers can be made liable for pollution they didn’t cause.
  • Directors and Officers can be made personally liable for ‘clean up’ orders. This is irrespective of company closure or liquidation.
  • The majority of clean-up costs occurs at your own site, which is not insured under Third Party Liability insurance policies.

Environmental Impairment Liability insurance policies generally provide coverage associated with pollution conditions at, under or migrating from covered locations.

Coverage features can include:

  • Clean up costs, both on-site and off-site, from unknown pre- existing conditions, new conditions or reopeners of previously remediated conditions.
  • Personal liability for clean up made against Directors and Officers.
  • Third party claims for bodily injury and property damage.
  • Non-Owned Disposal Site liability associated with locations a which the waste was treated, stored or disposed.
  • Transportation liability.
  • Environmental Damage.
  • Environmental civil fines and penalties (where allowable by law)
  • Loss of income and extra expense arising from first party pollution conditions.
  • Changes in environmental regulations.
  • Legal Defence Costs.
  • Broad pollution conditions, Sudden & Accidental, Gradual, Asbestos releases.

“Marsh Pty Ltd (ABN 86 004 651 512, AFSL 238983) (“Marsh”) arrange this insurance and is not the insurer. The Discretionary Trust Arrangement is issued by the Trustee, JLT Group Services Pty Ltd (ABN 26 004 485 214, AFSL 417964) (“JGS”). JGS is part of the Marsh group of companies. Any advice in relation to the Discretionary Trust Arrangement is provided by JLT Risk Solutions Pty Ltd (ABN 69 009 098 864, AFSL 226827) which is a related entity of Marsh. The cover provided by the Discretionary Trust Arrangement is subject to the Trustee’s discretion and/or the relevant policy terms, conditions and exclusions. This website contains general information, does not take into account your individual objectives, financial situation or needs and may not suit your personal circumstances. For full details of the terms, conditions and limitations of the covers and before making any decision about whether to acquire a product, refer to the specific policy wordings and/or Product Disclosure Statements available from JLT Risk Solutions on request. Full information can be found in the JLT Risk Solutions Financial Services Guide.”