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Environmental Impairment Liability insurance operates to protect contractors working on brownfield sites where contamination clean-up or groundworks may disturb in-situ contamination. Two broad forms of this cover exist:

  • Contractors' Pollution Liability (CPL) is designed to protect the contractor from claims by third parties/clients and from regulator action following the disturbance of in-situ contamination due to the acts or omissions of the contractor in undertaking their work on the site. The contractor would be insured and the policy would include an Indemnity to Principals extension to protect the Owner. Contractor’s sub-contractors can also be covered. Contractors can purchase this cover for a specific project or annually for all works within the scope of 'covered operations' for the period. Policy periods can also be purchased for longer periods of up to five years.
  • Pollution legal liability and remediation cover (generally termed EIL) which covers the entire site and pollution both on-site (and under) and migrating from the site. Multiple insureds are possible on such policies to protect all parties involved on the site; however on-site risks would be excluded during the works so some more heavily contaminated sites need both CPL and EIL placements. Periods can be from annual to ten years.
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