Environmental Insurance Agency, Inc. articles

Environmental engineers and others involved with brownfields redevelopment have increasingly come to appreciate the role of the new environmental insurance products in financing environmental liability risk. Most have probably heard of cleanup cost cap insurance

Contaminated properties represent a huge investment opportunity, but much of it lies untapped because of environmental liability concerns. Anyone who buys property that is actually or potentially contaminated should consider it as a risk management option, and they should do so very early in the brownfield transaction process. Two types of insurance policies are now available that provide

In Owens-Illinois, Inc. v. United Ins. Co., the New Jersey Supreme Court held that, in allocating insurance coverage for indivisible losses that trigger multiple coverage periods, the policyholder must share pro rata responsibility1 for self-insured, under-insured, and uninsured periods. When the policyholder has decided to forego insurance, as opposed to periods in which insurance was2 unavailable, it was reasonable to expect the policyholder to share in the al

Introduction

Real estate transactions with environmental problems often founder on attempts to shift the liabilities from one party to the other. In transactions with other types of problems, insurance is a popular risk transfer mechanism,  and is regularly used for that purpose, but it is used far less often when there are environmental risks. This so-called `environmental insurance gap` in real estate transactions has often, and correc