Managing Environmental Risk Through Insurance

Managing Environmental Risk Through Insurance PDF

Author: Paul K. Freeman

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 124

ISBN-13: 9401153604

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Can insurance be used as a means to obtain compliance with environmental policy? Answering this question requires examination of a broad mosaic of academic issues, including current systems available for providing compensation and deterrence, use of contracts (including insurance) as substitutes for tort law, limitations of regulatory policy-making by government agencies, pre-conditions for creation of insurance products, and market mechanisms necessary for insurance to be purchased or sold. The purpose of Managing Environmental Risk Through Insurance is to highlight the potential role that insurance and performance standards can play in managing environmental risk. Insurance can play a significant role in dealing with one of the most problematic issues facing society today - how to compensate for environmental exposures. This book analyzes the ability of insurance to play a role in managing environmental risk. It begins by outlining the role insurance plays in society in contrast to other societal tools for addressing risk: government benefit programs and imposition of involuntary liability using the court system. By so doing, the book describes the comparative advantages of insurance. The book then analyzes the insurability of the risks. Finally, the book applies the insurability analysis to three concrete environmental examples.

Environmental Risk and Insurance

Environmental Risk and Insurance PDF

Author: Chester A. Zagaski

Publisher: CRC Press

Published: 1991-10-22

Total Pages: 682

ISBN-13: 9780873713320

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This is the only comprehensive text on the increasingly important subject of environmental risk and insurance. The author presents many risk and insurance issues from acid rain and global warming to toxic tort law developments and the crisis with workers' compensation insurance and pollution liability coverage. This volume is the product of nearly eight years of research, which included reviewing over 250,000 pages of laws, documents, reports, and notes, as well as countless hours of investigations, interviews, and research. Basic and advanced environmental liability and insurance principles are covered, along with suggestions for financing pollution cleanups and safety programs. A new method for restructuring and improving Superfund is presented after an in-depth discussion of pertinent legal and financial issues. The book also provides local, national, and international case histories demonstrating the kinds of difficulties encountered by businesses and citizens and the solutions they have sought. All of this information, combined with the valuable charts, appendices, specimens, contracts, sample insurance policies, model letters, and certificates, makes Environmental Risk and Insurance an unmatched reference source for businesses, institutions, and government agencies caught up in the midst of analyzing their environmental risk exposures.

Environmental Liability and Insurance Recovery

Environmental Liability and Insurance Recovery PDF

Author: David L. Guevara

Publisher: American Bar Association

Published: 2012

Total Pages: 0

ISBN-13: 9781614384977

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Environmental Liability and Insurance Recovery is for the lawyer whose practice lies at the point where two areas of the legal profession - environmental law and insurance law - intersect. These areas of the law demand the mastery of an intricately involved set of concepts, definitions, rules, and regulations - all of which are continuously developing. Insightful clarification on the topic is provided, as well as subset of the legal issues at the crossroads of environmental law and insurance law, namely, the many ways in which a party may be exposed to environmental liability and how insurance coverage may provide financial support for such liability. Topics covered include: -Statutory Liability, related to: CERCLA, the Resource Conservation & Recovery Act, clean air and clean water acts -Tort Liability including nuisance, trespass, negligence, and strict liability -The General Liability Policy -Policy exclusions and defenses to coverage -Environmental impairment liability insurance

Environmental Liability Insurance

Environmental Liability Insurance PDF

Author: Nicholas Lockett

Publisher: Cameron May, Limited

Published: 1996-01

Total Pages: 267

ISBN-13: 9781874698654

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Environmental liability issues will dominate the insurance market as we move into the next century. As the problem of historic pollution moves into the forefront of public consciousness, the insurance industry will increasingly be targeted as the main contributor to clean-up costs and there are enormous liabilities stored up under old policies which underwriters and insurers will seek to avoid. Inevitably insurance cover under current policies will be restricted and new policies will emerge. This book looks at the old policies and their attached liabilities and at the new risk-transfer mechanisms available. It provides: a comprehensive analysis of the issues which the insurance industry had to address and those which it will have to address in the future; the legal stumbling blocks which plague the field of environmental insurance, such as triggerage issues, exclusion clauses, historic liability, policy limitations, criminal liability and defence costs, issues affecting underwriters, and at how companies should protect their insurance positions; how old insurance policies can be made to cover historic pollution liability and how to best manage existing environmental risk and the steps that companies should be taking now. This book is essential reading for all barristers, solicitors, insurers, reinsurers, local authorities, lawyers and planners, company directors, in-house offices, lawyers, developers and environmental consultants concerned with environmental liability.

Environmental Damage and Liability Problems in a Multilevel Context

Environmental Damage and Liability Problems in a Multilevel Context PDF

Author: Sandra Cassotta

Publisher: Kluwer Law International B.V.

Published: 2012-03-23

Total Pages: 280

ISBN-13: 9041141979

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There is a growing interest at different decision-making levels (EU, international and national) in using liability as an element in solving the legal problems of environmental harm. The interest is founded on the necessity to take into account of complex inter-dependencies and interrelationships between the environmental media at global, regional and national levels. In an effort to implement the aims of sustainable development, new views of the traditional liability instrument have to be applied. The book focuses on the Environmental Liability Directive 2004/35/EC (the so-called “ELD”) on the prevention and remedying of environmental damage, and evaluates as to whether the ELD has achieved its goals and maintained its ambitions in terms of environmental protection, and what the optimal level of harmonization in terms of environmental protection is. In order to address the question of research of this book, an interdisciplinary framework of analysis and methodology combining political science and law are developed. Since environmental damage is a multidimensional and multidisciplinary problem, par excellence, a multidisciplinary approach is required. Consequently, the use of a multidisciplinary method, combining together in a systematic and rigorous fashion, law, political science, technical elements of economy, insurance law and natural science, is, in the research design of this study, necessary, in a view of tackling the topic in a scientific problem solving-oriented approach. The book draws the overall conclusions by suggesting proposals for amendments and recommendations to be utilized for possible redrafting of the ELD’s provisions for the time when the ELD will be object of a procedure of revision. This book will be of interest to practitioners in EU law and EU Environmental law, international environmental law, legal experts on the law of environmental liability, specialists within international organizations but also by political scientists, economists, insurance law specialists, and natural scientists.

Pollution Insurance:International Survey of Coverages and Exclusions

Pollution Insurance:International Survey of Coverages and Exclusions PDF

Author: Werner Pfenningstorf

Publisher: Springer

Published: 1993-11-18

Total Pages: 264

ISBN-13:

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Using research undertaken by a working party of AIDA, this work measures the progress made in defining and differentiating insurance coverage for the risk of liability for damage caused by environmental pollution. Policy clauses, endorsements and special forms used in 20 countries are analyzed and compared to identify the best method of distinguishing reliably between elements of pollution risk that can be included in standard coverages and those elements that are incalculable and unmanageable with conventional insurance tools.

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