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When an Alaska insured became involved in an environmental impairment claim involving its leaking underground storage tank (LUST), it produced a series of arguments against its insurer's denial of the claim on the basis of the commercial general liability policy absolute pollution exclusion. First, the insured argued that the product in the tank was gasoline, and that as a "useful product" it wasn't a pollutant and therefore there was a reasonable expectation of coverage. The insurer and the Alaska courts didn't buy that idea. Next, the insured argued that the parties who initially installed the tank, not the insured, should be held liable. That didn't fly either, and the Alaska Supreme Court upheld the exclusion.
Had the insured purchased environmental impairment liability (EIL) insurance, coverage for ground, air and water pollution losses would probably have been included within the policy. LUST claims are especially difficult claims to handle because the appropriate governmental agency, usually the federal or state environmental protection agency, requires the insured to "take it out, take it all out." This reference is not just to the tank itself, but also to whatever pollutant has leaked into the ground. This requires the insured to measure precisely how much liquid leaked, usually by inventory records of amounts put in the tank less amounts sold and amounts remaining. Then the insured must have an environmental clean-up firm drill wells to test and determine how wide and deep the spillage has spread, and then to pump it out of the ground. It can take months or years to recover as much of the spillage as possible.
Additional problems exist if the spill has affected the water table, often poisoning the water wells of neighboring residents or businesses. In addition - and often not covered by the EIL policy - are the costly administrative fines and penalties that may be assessed against the insured for damaging the environment.
EIL claims require a special knowledge of both coverage and applicable state and federal laws, whether the pollution is to water, land or air. Knowledge of which types of pollution are covered and which are excluded by policies, and how to handle a covered loss is part of what is taught in Crawford Educational Services courses. For complete course listings, visit our website. |
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The Intermediate Property class is a two-week course designed to elevate the skill sets of the basic property adjuster who has experience in homeowners claims and now needs to move up to handling commercial losses.
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Basic Casualty
July 27- 31
This course combines
online pre-study and a one (1) week classroom, instructor led, skill application lab. Upon completion of training, the entry level casualty adjuster will have been exposed to the knowledge and technical skills necessary to enable them to handle casualty claims while under supervision.
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At Crawford Educational Services, you'll get hands-on training from our expert instructors. We offer classes in property, casualty, and workers' compensation in our classroom facility in Atlanta, as well as customized programs at your location. | |
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Take Note! is a marketing tool of Crawford Educational Services, the training division of Crawford & Company. The contents and any referenced external materials are not intended to and should not be construed as legal or other professional advice, nor is such information intended to be nor should it be used as a substitute for legal or professional counsel. These materials merely convey general information about claims and claims related situations often encountered by claims professionals. While an effort is made to be accurate, Crawford & Company does not represent, warrant, promise, or imply that this information is current, accurate, thorough, or adequate.
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