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Transactional Products
Environmental Liability

Every company has a potential environmental exposure:

  • Property owner
  • Buyer
  • Tenant/operator
  • Lender
  • Contractor
  • Transporter
  • Manufacturer

A review of ongoing and past operations should be performed to identify environmental exposures:

  • Review manufacturing/operating processes, especially the use and disposal of hazardous materials. Don't forget about discontinued operations!
  • Most common contaminants include asbestos and lead. But don't forget about PCB's, Perc and the latest fad, Mold.
  • Conduct air and soil samples

Whether an environmental condition does or does not exist, insurance is available. In fact, you can insure a "burning building":

  • On-site and off-site clean-up costs
  • New and pre-existing conditions
  • Transit
  • Landfills

Policy limits are generally available up to $100mm

Deductibles go as low as $1,000

Premiums go as low as $5,000

Policy terms range from 1 to 10 years

Underwriters can provide a program indication with one or more of the following:

  • Formal environmental report (Phase I)
  • Address of a particular location
  • Description of the operations

Our professionals understand the unique challenges and requirements of environmental liability during M&A transactions.

Recent transactions include:

  1. A building owner insured pre-existing conditions as part of the sale agreement.
  2. An acquiring company identified environmental conditions and purchased insurance over the expected clean-up cost.

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