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Pollution Liability Exposure: How to get off the “Sudden and Accidental” Timebomb?

Utgåva: 4 / 1995 | Kategori: Miljöfrågor | Författare: Wilhelm Zeller

The deplorable results of providing coverage for losses arising out of “sudden and accidental” pollution under General Liability policies in the United States are well known. Yet most markets, with the exception of - in chronological order of the introduction of a comprehensive pollution exclusion clause — Italy, USA, Germany and France, either have no pollution exclusion at all or still offer “sudden and accidental” pollution coverage under General Liability policies. Perhaps those who support this practice believe that the problem plaguing U.S. insurers could only happen under the “crazy American legal system”. But the belief that this cannot happen “in our market” might turn out to be an expensive error: both the insurance and reinsurance clauses aimed at excluding gradual pollution actually achieve much less. So we are sitting on a timebomb.