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UMAL Environmental Liability May 2009 - page 10 / 17

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10 / 17

ACE European Group

10

Am I not already insured against pollution?

ABI Pollution exclusion early 1990s

Property Insurance

No cover for historical pollution

Land is not usually ‘insured property’

No contaminated soils in debris removal

Possible ‘buy back’ of land cover:

Still no cover if gradual

Still requires physical loss – no DISCOVERY

Liability Insurance

No cover for historical pollution

No cover for gradual pollution

No cover for damage to own property

Expressly excluded under standard liability forms.

Vast majority of pollution incidents will result in clean-up of the company’s own site

No cover for Environmental Liability Directive

No cover for clean-up costs imposed by regulators

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