environmental Strategist, between the lines: How many times have you been driving your car and had something spray onto your vehicle by a commercial truck? That type of loss scenario takes place every day, thousands of times, all across the country. Do you have any transportation client’s that haul material that could be released to the environment and cause an environmental loss?
Do you have clients using third party transporters to transport their goods? If a third party transporter causes an environmental loss with your client’s goods, ultimately the owner of the goods, your client, will be held accountable for any resulting environmental damage including but not limited to cleanup, defense costs, third party bodily injury, third party property damage, third party business income, claims management….
The environmental Strategist™ definition of a pollutant is a material, substance or product that gets introduced into an environment for other than its intended use or purpose. environmental Strategist has claims examples where fresh water, cheese and milk have been classified as pollutants. Can your clients afford to self insure their transportation exposure or should they transfer their exposure via a contract or insurance policy?
How do your client’s receive their raw materials, FOB point of Shipment or FOB point of delivery?
| BRIEF: Judge rules insurance must pay for turnpike spill [Pittsburgh Post-Gazette] |
| Sept. 11–An insurance company providing coverage to the trucking company whose vehicle dropped a tar-like goo over the Pennsylvania Turnpike last fall must now cover some of the claims.U.S. District Judge Joy Flowers Conti ruled on Friday that Hallmark Specialty Insurance Company of Texas must cover all claims against MTS Transport of Stevensville, Md., “except for claims of traditional environmental pollution.”
A tanker truck owned by MTS Transport of Stevensville, Md., leaked asphalt flux, a substance often used in roofing, over a 40-mile stretch of the turnpike from New Castle and the Oakmont service plaza on Nov. 22, damaging an estimated 1,000 vehicles from 16 states. MTS Transport had $1 million in insurance coverage from the Travelers Indemnity Co. of Hartford, Conn., but court filings indicated that was not enough money to cover all of the damage. MTS Transport wrote in documents filed in U.S. District Court that another company, Hallmark Specialty Insurance Company, provided it with an excess liability policy worth $4 million but that the company refused to pay. Liz Navratil: lnavratil@post-gazette.com, 412-263-1438 or on Twitter @LizNavratil. |