Environmental Insurance insures the actual property or activity itself rather than the warranty or indemnity that might be given in a transaction. On a transaction where warranty and indemnity (W&I) Insurance is being used, it is likely that environmental issues / pollution / contamination etc. will be excluded under the policy and so we might look to Environmental Insurance to bridge the gap. Note that the liability here is nothing to do with the transaction itself – the insurable risk lies in the property itself.
Under an Environmental Insurance policy, the policyholder can claim for the damage caused by the environmental issue i.e. the clean-up costs but they can also claim for loss of business of not being able to operate on that site. The insurer will analyse the risk of the chance of there being pollution at the property and the damage it could cause over a 10 year period.
The BMS Private Equity, Mergers & Acquisitions and Tax team will work with you to ensure that the Environmental Insurance process works as efficiently as possible, either on a standalone basis or if required as part of the M&A transaction timeline alongside W&I Insurance to ensure the most effective solution is placed.
Environmental Insurance policies can be put in place quickly and efficiently due to the nature of the underlying risk and the expertise in the market.
The premium is rated based on the risk profile of the property or site involved. There are various factors which will affect this rate such as the nature and jurisdiction of the property, the size of the policy limit being purchased and the extent of the contamination. These variables will be discussed at the outset of the enquiry and the one-off premium will be payable once the policy has incepted. An Environmental Insurance policy will usually last for 10 years from inception.
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