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Environmental Insurance

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An EIC should be familiar with creative risk transfer solutions which may include captives, trusts, bonds, insurance and reinsurance, and various financial transactions which are tax advantageous. An EIC
should have formed significant relationships with specific consultants, attorneys and accountants to outsource certain necessary skills and have the ability to manage
the process. For example, specialized skills may involve negotiations with regulators, funding mechanisms and developing remedial cost figures. An EIC should understand capacity available in the domestic insurance market, have access to foreign markets if necessary,
and understand how insurance captives are often
utilized. As environmental insurance is recognized as an advantageous solution to many environmental problems and potential exposures, the demand and insurance premiums will significantly increase.

Prepare Submissions

Confidentiality Agreements are commonly executed for the Client’s insurance submissions. An EIC should know the environmental insurance market submission which will include technical data. The EIC will often need to discuss the environmental data, environmental regulatory climate, assessment of liability, financial statements and claims data, among other things, with the underwriter. A close relationship between an EIC and an underwriter will typically result in better results for the EIC’s Client. This is because significant negotiations will take place over the actual policy wording, pricing, financial transactions, submission materials necessary to bind coverage, timing, allowable terms, and input on claim payments and resolutions.

Negotiate and Facilitate Coverage

In order to comprehensively bind coverage, the environmental policies must address all coverage elements. An EIC should coordinate with the Client, risk managers, attorneys and/or accountants to assure that the Client’s needs have been met. An experienced EIC would have worked on negotiating endorsements, and know the acceptable risks, limits, deductibles, pricing, and manuscripted language, which will provide maximum protection for the Client. Most general brokers will be unable to dedicate resources to the job of controlling this process and facilitating the prompt delivery of an insurance policy.

Communicate Financial Benefits

An EIC should be accessible to the Client and the Client’s other professional representatives at all times. In addition, an EIC should be able to clearly explain the financial benefits of the risk transfer approach to the Client’s management team which often includes inside and outside counsel, accountants, and financial officers. An EIC should have a few knowledgeable professionals who can provide continuous personalized assistance. Large brokers are often unable to efficiently call upon the necessary resources from their large staff each with a specific specialty in order to quickly deliver an effective product, particularly for smaller placements. Large brokers typically have too many diverse interests present with respect to internal revenue incentives for production.

An EIC must monitor changes to environmental exposures and alert the Client if modifications to the financial transaction or policy are needed. Changing environmental statutes, tax laws or legal developments are a few examples of areas which an EIC should closely monitor to ensure that the Client’s risk exposures remain protected. An EIC, which has been involved with prior environmental claims, will be most sensitive to the ongoing protection of the insured, and will be able to provide advice on the proper presentation and handling of claims.

For more information, please send an email to TAdams@AlperServices.com

 

 

 

 

 

 

 

 


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