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UMAL Environmental Liability May 2009 - page 12 / 17

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12 / 17

ACE European Group

12

Traditional Insurance Solutions

The Outcome:

Bartoline claimed under their PL policy written by RSA and placed by Heaths

RSA disputed claim so were sued for breach of contract

The court ruled in favour of RSA - liability to repay expenses incurred by the Environment Agency and liability to pay damages in tort are “quite different animals.”

Appeal was due to be heard in October 2007, but case settled out of court shortly before.

Precedent set – S&A pollution, but still not insured

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