INSURANCE COLUMN If your company has a general liability policy, do you need to consider purchasing a pollution liability policy? Claims arising out of pollution liability are excluded from almost all general liability policies. The definition of a “pollutant” reads “any solid, liquid, gaseous, or thermal irritant or contaminant,
including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste.” So, for example, let’s say you were to lay a tack coat ready to finish the final asphalt surface the following day
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TECHNICAL SERVICES DEPARTMENT Northern California Pleasanton Laboratory Technical Services Manager – Dave Ruedi 925-485-5982 Central California Fresno Laboratory Technical Services Manager – Gary Dunkel 559-434-2714 Bakersfield Laboratory Technical Service Specialist – Bob Lee 661-398-6299 Southern California Los Angeles Laboratory Technical Services Manager – Tim Reed Technical Services Aggregate – Jeff Pollard Technical Services Asphalt – Pascal Mascarenhas 626-856-6190 Southern California San Diego Laboratory Technical Services Manager – Rob Piceno 858-547-4981 West Region Technical Services Manager LEED Green Associate – Ed Luce 619-843-3069
for a homeowners’ association. That evening, unexpected heavy rains washed the coating into the groundwater and seeped into the residential wells or sewers. Your general liability policy would not cover a claim for any cleanup, bodily injury or property damage as it was caused by a “pollutant.” Another example of a pollution liability claim may result from the cleanup of asphalt from a roadway, drainage ditch, etc. resulting from a vehicle accident or overturn. The cleanup and remediation costs alone could reach hundreds of thousands of dollars or more. Policy wording and premiums differ among insurance companies but premiums often start as low as $1,500. The size of the deductible also differs by policy. To avoid the stacking of deductibles the policy should be written on a “per occurrence basis” rather than a “per claim.” Pollution liability policies can cover incidents occurring on your property and/or the property of others. Depending on its size and contents you may be required by the Environmental Protection Agency to obtain pollution liability coverage for underground storage tanks. Policies may be written for a period of 1-3 years with a premium discount offered for the longer term. CA Steve Cota, CRIS directs the Asphalt Paving Program for Patriot Risk & Insurance Services in Irvine, California. For more information regarding the above or any other insurance-related questions, he may be reached at (949) 486-7947 or scota@patrisk.com.
California Asphalt Magazine • 2016 Environmental Issue