News Alert: Asbestos, Lead, and Mold Abatement Contractors

Asbestos, Lead and Mold Abatement Contractors

Abatement contractors face a number of unique exposures from their daily operations. Mishaps involving the improper handling, storage, transport, or disposal of materials can lead to pollutant releases and liability to contractors. In addition, unknown factors including existing site contamination and structural conditions present environmental risk and liability to contractors.

  • Failure to identify or characterize contamination during surveys.
  • Faulty design of remedial action and management plants causing bodily injury.
  • Diagnostic laboratory errors.
  • Hazardous air emissions from incomplete abatement.
  • Inaccurate post-abatement certification.

Your clients rely on you to make sure they have the proper coverage, so it’s important for you to ask the right questions. You may be talking with an asbestos abatement contractor who clearly needs the CGL/CPL — but do they transport the bagged asbestos to a disposal site or bring it back to their own site for temporary storage while awaiting a 3rd party to transport? These are exposures not typically covered in the policy forms but may be included by endorsement. Reviewing and understanding exclusions is equally important. Some carriers have exclusions for asbestos, lead, mold, EIFS, or work performed by subcontractors. You should ask for and review specimen forms and endorsements to ensure you understand the policy you are offering to your clients.

For more information on asbestos abatement contractors and the environmental coverages that apply to them, contact us.

Abatement contractors should consider the following coverages:

Contractors Pollution Liability
Contractors Pollution Liability insurance (CPL) is coverage designed to protect from third party claims for damages caused by “Pollution Conditions” arising from the insured’s covered operations. Adding Mold coverage broadens the defined list of covered pollutants to include molds, funguses, etc. We are able to add the General Liability and Professional Liability for most environmental contracting accounts.

Contractors Pollution Liability/Professional 
The Contractors Pollution Liability/Professional Policy is a combined Pollution and Professional coverage form. It provides coverage to environmental consultants, environmental engineers, and other environmental professionals who have an E&O exposure from their professional services, as well as a pollution exposure from any jobsite/project management operations. We are able to add the General Liability for most  environmental consulting accounts.

Site Pollution Liability
Site Pollution Liability insurance is designed to cover claims arising from pollution releases at, on, or emanating from a specific scheduled location. Examples may include a contractor’s equipment yard or a self-storage facility.

Workers Compensation
A Workers Compensation policy provides coverage for an employer’s exposure arising out of job-related injury/death resulting from an accident or occupational disease sustained by employees. Moving Workers Compensation accounts from assigned risk (or other state programs) into a program will offer exceptional coverage at a very competitive rate.

Auto Coverage
Automobile insurance coverage is typically required for most businesses; an Auto policy including Pollution is an ISO based Auto form including broadened pollution endorsements and any motor carrier filings.

Follow Form Excess Liability
If underlying General Liability, Pollution and/or Professional Liability is offered, a Follow Form Excess policy is also available. The Follow Form Excess will go over the qualifying environmental coverage lines, as well as the underlying Auto and Employers Liability if applicable.

For more information or to discuss an abatement contractor account, please contact us.