ICA often finds Clients facing a variety of insurance-related environmental issues, whether it be a real estate transaction complicated by an environmental challenge or a property made uninsurable due to environmental concerns, where ICA can assist the Client to resolve the problem by researching and facilitating an insurance vehicle to assuage the concerns of all parties and, in turn, permit the deal to succeed. If a Client has properties with on site storage tanks, ICA can assist in directing the Client to the appropriate service providers to remove or fill the tanks, or to find the right coverage at the right price, or to seek coverage from a prior owner had the environmental “mess” been passed along unbeknownst to our Client. ICA has been providing Environmental Management Consulting since before the 1980's when the SuperFund sites arose, through the evolvement of the pollution exclusion language on GL policies, and through the Brownfields issues of the 1990's through today's developing issues.
ICA’s Environmental Management Consulting Service includes the following:
- Review with the Client any existing environmental exposures and hazards, and recommend vendors and insurance or non-insurance vehicles to address such exposures.
- Recommend qualified vendors to review environmental safety programs, audit compliance with internal safety procedures, which can include effective investigation and documentation procedures for accidents that have environmental impact.
- Draw detailed specifications, conduct negotiations with Carriers, and assist in placing environmental insurance coverage.
- Audit insurance policies and endorsements to check for errors, overcharges, coverage deficiencies, or gaps and overlaps in coverage.
- Coordinate and negotiate claims with insurance companies, as well as draft guidelines for handling third party claims.
- Advise financial institutions on ways to deal with “Hot Houses”, when these properties become part of the institutions’ forced placed property programs.
- Provide assistance to In-House Environmental Counsel, as well as offer expert witness testimony and manage documents for litigation.
- Review leases and the language of other contracts by which environmental risks may be assumed or transferred, and suggest modifications to protect the interests of Clients.
- Design and monitor a Certificate of Insurance Program to ensure adequacy of insurance carried by environmental sub-contractors and other service providers for whose work liability may be assumed by the Clients.
- Assist in evaluating the environmental risks associated with Mergers and Acquisitions.
See our Complete List of Consulting Services.