Category: Uncategorized

  • Environmental Risk Assessment for Manufacturers

    Environmental Exposures Impacting Manufacturers

    Include, but are not limited to:  Air emissions from painting and plating lines, ovens, boilers, reactors, (types of emissions include: carbon dioxide, nitrous oxides, sulfur dioxide, mercury, particulate (heavy metals and dusts), VOC (volatile organic compounds);  Spills from underground and/or aboveground storage tanks;  No secondary containment for above ground storage tanks;  Leaks from elevator hydraulic fluid storage tanks;   Waste storage/handling practices;  Hazardous waste materials (i.e. drums of spent solvents, acids, caustics, paint, heavy metal particulate and dust from bag houses and electrostatic precipitators); sludge’s from water treatment operations;  Raw materials stored and utilized in large quantities (i.e. acids, bases, compressed gases including cyanide and hydrogen chloride, diesel fuel and lubricant oils, flammable paints and solvents);  Wastewaters generated from contact and non-contact cooling water;  Plating lines;  Drum cleaning;  Products cleaning and chemical treatments (wastewaters generally contain heavy metals, oil, grease and organic compounds);  Uncontained floor drains around the plant;  Unknown abandoned underground storage tanks;  In-ground sumps and pits;  Unsealed truck ramps;  Old and/or unknown landfills and lagoons;  Uncertainties about the historical use and conditions of property;  Electroplating baths and sludge;  Paint sludge;  Inadequate or no auditing of hazardous and non-hazardous waste handlers, transporter and disposal companies;  Obsolete and remote equipment storage (bone) yards where contaminants percolate into the soil/groundwater;  Improperly maintained paint booth filters;  Nuisance odors;  Adverse reactions and interactions of chemical compounds that accidentally commingle during a fire;  Refrigeration systems;  No emergency response training for employees;  Halon releases from fire suppression equipment;  Old septic systems;  Spills and leaks from the storage and handling  (loading/unloading) of material containers such as drums, totes or bags from vehicles and/or rail cars….;  Utilities that cross manufacturers property;  Corroded wastewater and storm water sewers;  Improper characterization of hazardous waste;  Non-compliance with SARA Title III/Community Right-to-Know reporting requirements;  Natural resource damages;  Asbestos or lead containing materials; Silica; mold, vapor intrusion….  

    Environmental Claim Scenarios

    1. An auto parts manufacturer had been removing oil and grease from their products prior to painting them. The metal goods were passed through a vapor bath of trichloronethylene (TCE), a common solvent.  During an environmental assessment it was determined the groundwater surrounding the plant contained significant concentrations of TCE and other solvents. The cleanup of the site was estimated to exceed $900,000. 
    2. During the night, an unknown party illegally placed drums of hazardous waste into a dumpster behind a manufacturer’s facility.  The containers were not leaking, but the cost to properly dispose of the illegally dumped waste cost the manufacturer roughly $50,000. 
    3. While moving a large metal coil, a forklift operator hit a hydrofluoric acid aboveground storage tank releasing dangerous fumes into the neighboring community. Area residents and businesses were evacuated and several people were treated at the local hospital for fume inhalation. Claims for bodily injury and business interruption topped $100,000. 
    4. A manufacturer began expansion of the production line area. During excavation, oily soils with a petroleum odor were discovered. Further investigation uncovered an old, undocumented sludge-drying pit, which the previous owner used back in the 1940’s. The manufacturer had to remove and remediate the soils at his expense. Cleanup costs exceeded $400,000. 
    5. A manufacturer stored bag house dust containing heavy metals in an uncovered dumpster behind the facility. Whenever it rained, storm water mixed with the dusts, forming a slurry, which ran off-site. Soil testing of a nearby stream bank showed high levels of lead, cadmium and mercury. The contaminant source was determined to be the dumpster run-off. The manufacturer was responsible for cleanup costs and natural resource damages exceeding $250,000. 
    6. A manufacturer operated a machine, which was used to cut sheet metal. A portion of the machine was located beneath the floor. For more than 20 years, lubricating oil from the machines moving parts was released into the surrounding soils. When a nearby homeowner’s down gradient well used for potable water was tested, it contained total petroleum hydrocarbons. After further investigation, it was found the manufacturer’s property was the source of the pollutant. Total cost of remediation and 3rd party bodily injury claims exceeded $5,000,000. 
    7. A manufacturer stored incorrectly labeled drums of raw materials used for the manufacture of dry cleaning products.  One-day neighbors noticed a thick, whitish-yellow vapor cloud emanating from the vicinity of the drums.  The fire department was called and after reading the labels on the drums, they began to spray them with water.  This caused an explosion, followed by a thick smoke cloud of sulfur dioxide.  Forty plaintiffs filed three lawsuits to recover damages for injuries suffered from exposure to the sulfur dioxide cloud.  Damages topped $3 million.
    8. Concrete trenches were used to transport plating line wastes to the on-site wastewater treatment system.  The high acidity of the wastewater degraded the trenches that allowed the wastewater to seep into surrounding soils.  Subsequently the soils and ground water were contaminated with heavy metals and solvents used in the plating process.  Testing in a nearby stream revealed that fish had high concentrations of metals in their systems as a result of the contamination.  Because fishing was prohibited a local environmental group submitted a class action suit against the platter for loss of enjoyment of the stream.  The group also submitted perceived bodily injury claims for ingestion of the contaminated fish.  Total claims exceeded $3.2 million.
    9. A manufacturer hired a waste hauler to transport their waste materials to a 3rd party disposal site. During transportation the hauler got into an accident, causing the truck to overturn and spills its load into a nearby stream.  Under CERCLA, the commercial insured must contribute for their apportionment of the load for cleanup cost since federal law states that you own your waste from cradle to grave.  Cost to settle the claim for the insured was $700,000. 
    10. An Auto parts manufacturer was sued when contamination was discovered in the drinking water at a new residential development. After further investigation, it was determined that the discovered pollutants were not used as part of the manufacturers process, nor was the manufacturer’s property the source of the contamination. The manufacturer was eventually released from the lawsuit. However, they had already expensed over $200,000 in legal defense costs. 

    Overlooked Benefits of Environmental Liability Insurance

    Unlike most liability exposures impacting manufacturers, pollution losses are not a frequency risk, but rather a severity risk. Since every manufacturer is impacted by environmental liabilities, consideration needs to be given to the economies of scale afforded with environmental liability insurance as part of your risk transfer strategy, versus self-insurance.

    Three Overlooked benefits of environmental liability insurance:

    1. Defense Costs:  Environmental liabilities are relatively new and very litigious.  Even if you do nothing wrong you can still get named in a suit and have to expense defense costs i.e. legal fees, environmental investigations, etc.  
    2. Claim Management:  All policies come with specialists to assist you in handling a claim.  Who is in charge of communications, public relations, emergency response, government compliance, financial management, third party claims for bodily injury, property damage, natural resource damages….?
    3. Third Party Liability:  The majority of the time the cost to clean up the environmental problem/s is far less than the associated claims that come in from third parties for bodily injury, property damage and business interruption.  You need to look at your client’s and neighbors that can be impacted if you or a sub-contractor/vendor cause an environmental loss.        

    Environmental Liability Insurance Products

    Environmental Impairment Liability (EIL) 

    EIL is for manufacturers susceptible to economic loss caused by pollution that actually or allegedly originated from their operations.  Sometimes referred to as pollution legal liability this coverage is for those who own, operate, lease, or have any other insurable interest in real property and the operations. Coverage can be written in a variety of ways addressing unknown preexisting conditions or new conditions.  Coverage can include third party bodily injury and property damage along with business interruption and extra expense, on and off site clean-up costs, legal defense expenses, non-owned disposal sites, transportation and more. EIL can be offered on multi-year terms.  Sewer lines and pump/lift stations can be covered by EIL.  Most EIL policies cover above ground storage tanks.

    Property Transfer Coverage

    When buying or selling property there can be unknown preexisting environmental conditions. Since a Phase I, Phase II, All Appropriate Inquiry (AAI) survey cannot guarantee uncovering all potential environmental liabilities, insurance companies have created property transfer insurance. This coverage protects the new owner or any party with an insurable interest, against unknown environmental conditions that may be discovered during the policy period, that were not caused by the new owner.   

    This coverage not only helps to keep the property at its maximum value, it will assist the purchaser in being able to secure the necessary financing to complete their transaction.  Property buyers have negotiated lower interest rates by blending property transfer coverage with their mortgage.  

    Contractors Pollution Liability (CPL)

    CPL Coverage protects the insured for pollution conditions they may cause or exacerbate while performing work at a 3rd party locations. This is for covered operations performed by or on behalf of the insured. For manufactures, CPL would cover any work they perform for their customers at their customer’s location, such as servicing, installation, and monitoring. 

    Transportation Pollution Liability (TPL)

    Generally, Business Auto or Truckers policies will exclude pollution losses arising from spills or other releases of their cargo. Broadened auto pollution liability (typically Form CA 9948) affords coverage during the loading, unloading and transportation, for a spill, release or sudden upset and over turn of transported cargo. 

    Note:  Manufacturers have potential indirect environmental exposures from the service vendors they hire and products they purchase.  Should your vendors cause an environmental problem or exacerbate an existing environmental issue their general liability insurance policy probably will have either an, absolute or total pollution exclusion.  

    How do you receive your raw materials?  Do you purchase the materials FOB point of shipment?  If you do, when your raw materials leave the shipping dock you are the owner.  What is your strategy if there is an accident while in transit and your raw materials cause a pollution loss?  

    Products Pollution Liability 

    Products Pollution Liability is for manufactures that make and/or distribute a product that if faulty could cause a pollution incident. This coverage can be written on a stand-alone policy, or included on an environmental impairment liability policy. For Environmental Insurance markets to consider offering this coverage, they typically prefer products be intended for commercial use, as opposed to mass distribution to the general public. 

    Underground Storage Tanks

    Financial responsibility requirements ensure that owners and operators of underground storage tank systems have the ability to financially handle a release from an underground storage tank. The responsibility encompasses the ability to pay funds for corrective action and third party bodily injury and property damage from non-sudden and sudden and accidental releases from a regulated underground system.  

  • Certified environmental Strategist (CeS) Update

    Every commercial insured you work with is impacted by environmental exposures.  This link will coach you on the seven steps to assist your insureds to use their environmental exposures to a competitive advantage in today’s business environment:  https://www.scic.com/the-7-steps-of-developing-executing-an-environmental-management-strategy-ems/

    As a Certified environmental Strategist (CeS) you’re not just an insurance agent, you are a strategic team member clients depend upon to manage and transfer their environmental exposures.  At the bottom of the article, you can learn more on becoming a CeS through The National Alliance.

  • PFAS Competitive Environmental Intelligence

    PFAS chemicals have climbed up the contamination hit list with a bullet.  PFAS is going to make asbestos and lead look like elementary environmental issues so to keep you up to speed on what is going on with PFAS please see the following.

    1. PFAS In Our Food:  The links below review how PFAS chemicals besides being in some food packaging has also contaminated dairy and beef farms, organic pasta sauces, canola oils, seafood, eggs, fruit, vegetables, grain, bottled & tap water and more.

    Some common practices that contribute to PFAS contamination in our food is spreading of sewage sludge for fertilizer.

    https://www.ehn.org/pfas-in-food-2657507160/pfas-in-food

    https://foodinsight.org/faq-about-pfas-and-food/

    https://www.fox6now.com/news/bumble-bee-smoked-clams-recall-pfas-forever-chemicals-fda-epa

    1. This link discusses new government standards developed to address PFAS because it is believed at least 200 million people in the United States are drinking PFAS contaminated water.

    https://www.epa.gov/sdwa/and-polyfluoroalkyl-substances-pfas

    1. This link will take you to a map showing identified PFAS contaminated sites in the United States.  This map currently shows 2,858 contaminated sites in 50 states and territories.  This map is going to go through major changes in the coming years since experts predict just in Michigan alone we can have upwards of 11,000 PFAS contaminated sites.

    https://www.ewg.org/interactive-maps/pfas_contamination/

  • Pollution Liability Coverage for Cyberattacks

    Competitive environmental Intelligence (CeI) for insurance professionals that sell or consult on cyber insurance.

    Background:  Businesses that utilize computers can be vulnerable to a cyberattack.  In one situation a wastewater treatment plant was the target in which a hacker caused 300,000 gallons of raw sewage to spill into a river and flood the grounds of nearby businesses.

    Cyberattacks (use of Malware) generally refers to a crime in which a computer is targeted.  Hackers can reprogram equipment to run at unsafe speeds, higher temperatures, open valves, change pressures…, that can create pollution liabilities and can threaten human health and the environment.

    Hackers can impact the operation, control, performance, navigation, warning systems…, of watercraft, trains, aircraft, road vehicles, dam operations, HVAC, plumbing, electric, security systems, basically anything that depends upon computers can be the target of hackers.

    Cyber policies I have reviewed, exclude pollution liabilities caused by a cyberattack.

    Solution:  Businesses susceptible to hackers need to have an environmental financial assurance plan to address pollution liabilities caused by hackers?  Financial assurance can be in the form of a letter of credit, bond, monies in escrow, captive, or pollution insurance.

    Pollution insurance policies are designed to fill in coverage gaps created by standard property and casualty policies such as pollution exclusions on cyber policies.  Compared to the cost of other financial assurance mechanisms, pollution insurance costs the insured fractions of a cent on the dollar.  Pollution policies can cover first party cleanup, onsite and offsite third-party bodily injury, property damage and business income, transportation pollution liability, legal fees, investigation costs, first party business income and much more.

    As an example, one environmental insurance carriers’ definition of a pollution incident includes the following wording:  the discharge, dispersal, release, seepage or escape of any pollutant into or upon land, or any structure on land, the atmosphere or any watercourse or body of water, including groundwater, that results directly from a cyberattack;

    If you sell cyber insurance, make sure you are covering pollution losses due to a cyberattack.  If you fail to, when an insured experiences a pollution liability from a cyberattack, your E&O insurance may be the only coverage they have.

    The following link will take you to a press release regarding the new Certified environmental Strategist (CeS), online CE approved training offered through The National Alliance:  https://www.insurancejournal.com/services/newswire/2022/04/28/664841.htm

  • Environmental Strategist, between the lines:

    Do you work with food service business?  Businesses in the food service industry use a variety of equipment to prepare the food and beverages they offer their clientele.

    I am often asked if food service businesses have any environmental exposures and the first thing that comes to my mind is poisoning customers.  The food service industry is under very tight regulations that require a variety of cleaning and disinfectant chemicals / compounds.

    I can’t tell you how many hundreds of times I have heard of poisoning claims in the food service industry.

    When talking with someone in the food service industry about their environmental exposures from cleaning and disinfecting equipment and facilities, the usual response back is, “We only work with environmentally friendly cleaning and disinfectant chemicals / compounds.”  Great, but what happens when one environmentally friendly cleaning compound is accidentally mixed with another environmentally friendly cleaning compound?  It can create a pollution liability including third party bodily injury, property damage, business income, cleanup costs, defense costs….

    https://www.advisen.com/tools/fpnproc/news_detail3.php?list_id=26&email=chris@ermi.us&tpl=news_detail3.tpl&dp=P&ad_scale=1&rid=426592354&adp=P&hkg=i4l0f4B9AY

  • environmental Management Strategy, “Who are you doing business with?”

    For a Certified environmental Strategist (CeS), the first step in developing and executing an environmental Management Strategy (eMS) is to find out, “Who you are doing business with?”

    A business may do nothing wrong at all, but if a vendor/s the business hires causes for there to be an environmental liability, the business can still be held responsible.

    A few years ago, Walmart and Home Depot each paid multi-million-dollar fines to the EPA for storm water runoff from their construction sites caused by contractors they hired.  Today, Walmart and Home Depot require contractors doing work for them to evidence environmental financial assurance by having Contractors Pollution liability (CPL) insurance in place in order to perform their services.

    Even if you have an “environmental indemnification” in your contracts, without environmental financial assurance in place to back stop potential environmental liabilities, the contract may not be worth the paper it’s written on.

    The links below will give you examples of businesses that have experienced environmental liabilities caused by vendors they hired.  These are reminders why step #1 in developing an eMS if to find out, “Who you are doing business with?”

  • Environmental Exposures and Financial Assurance for the Cement / Masonry Industry

    environmental Strategist, between the lines:  Every business is impacted by environmental exposures and a Certified environmental Strategist (CeS) understands in today’s business environment, it’s imperative that businesses have an environmental financial assurance strategy to back stop potential environmental liabilities.  There are a variety of environmental financial assurance instruments available, i.e. bonds, insurance, captives (EnviroCap), letter of credit, self-insurance….

    Simply due to the product they are dealing with the cement / masonry industry from manufacture (emulsifiers, silica, carbon dioxide and other air emissions), to use and disposal is not an environmentally friendly industry.

    The EPA states “the cement sector is the third largest industrial source of pollution emitting more than 500,000 tons per year of sulfur dioxide, nitrogen oxide and carbon monoxide.”

    Cement kilns used in the manufacturing of cement need to be heated.  The main source for heating is coal.  Due to the high cost of operating the cement kilns at high temperatures some cement kilns will burn hazardous waste as a supplemental fuel.  Cement kilns that burn hazardous waste (i.e. solvents; waste oil; sludge from petroleum refining, paints and coatings; waste oil…) must comply with both RCRA (Resource Conservation & Recovery Act) and CAA (Clean Air Act).  Bottom line, cement kilns that burn hazardous waste are being monitored by the Government and further supports the need for an environmental financial assurance strategy.

    During manufacturing, construction, demolition, natural disasters…, cement dust is generated which is a hazardous air pollutant.

    An article from The Economic Times points out, “cement produces more pollution than all the trucks in the world.”  https://economictimes.indiatimes.com/news/international/world-news/cement-produces-more-pollution-than-all-the-trucks-in-the-world/articleshow/69919005.cms

    I could continue highlighting environmental exposures impacting the cement / masonry industry but simply due to the materials and processes used, they are great candidates for pollution insurance to meet their environmental financial assurance strategy.

    The links below offer additional information on cement businesses negatively impacting our environment and human health.

    https://indianapublicmedia.org/news/indiana-cement-plant-faces-730k-in-fines-for-air-pollution.php

    https://www.epa.gov/newsreleases/epa-fines-mason-city-iowa-cement-manufacturer-alleged-clean-air-act-violations

    https://ag.ny.gov/press-release/2021/attorney-general-james-holds-albany-area-cement-plant-accountable-years-water

    https://www.wamc.org/capital-region-news/2021-04-30/federal-government-nys-reach-settlement-with-cement-plant

    https://www.aggregateresearch.com/news/national-cement-fined-148000-over-mercury-emission-violations/

    https://oag.ca.gov/news/press-releases/attorney-general-kamala-d-harris-announces-75-million-settlement-lehigh-cement

    You can also go to the EPA Cement Manufacturing Enforcement Initiative  https://www.epa.gov/enforcement/cement-manufacturing-enforcement-initiative for more on the cement industry and additional cement plant settlements.

     

  • Environmental Exposures Impacting Fire Fighters and Fire Insurance Policies

    environmental Strategist, between the lines:  The links below highlight the vast array of environmental exposures impacting fire fighters.  Since 2002, almost two out of every three firefighters who died in the line of duty died of cancer.

    What’s causing this tragedy for fire fighters?  In basic terms, when buildings and contents burn, they give off hazardous fumes along with contaminate the ground, ground water, neighboring property’s, waterways, natural resources and more.

    Besides the obvious pollution cleanup after a fire, affected property owners can also be impacted by third party pollution liabilities from neighboring properties for bodily injury, property damage, business income and more.

    We have strategized in the past, how pollution policies, are designed to fill in coverage gaps created by standard property & casualty policies.

    As the old saying goes, there are two reasons a risk is not covered under an insurance policy:

    1. Risks carriers can’t insure because the claims / losses can’t be calculated.
    2. The risk is better covered under another type of insurance policy.

    A great example of #2 are fire policies which generally offer $10,000 for Pollutant Clean-Up and Removal after a fire.  The inadequate limit of $10,000 is designed more to protect the insurance carriers from paying for the true costs of pollution cleanup after a fire.  This leaves property owners unknowingly self-insuring this exposure, which creates an increased E&O exposure for insurance agents.

    Note:  Fire departments are immune from pollution liabilities while putting out a fire.

    The solution, back stop a fire policy with an environmental site pollution policy to fill in the pollution liabilities coverage gap.

    I have been asked about pollution coverage under “Debris Removal”.  Generally, policies contain language that debris removal does not apply to costs to extract pollutants from land or water or remove, restore, or replace polluted land or water.

    https://www.fireandemsfund.com/cancer-in-the-fire-industry-and-a-lack-of-public-policy/:  As this link points out, “since 2002, almost two out of every three firefighters who dies in the line of duty died of cancer.”  “It’s not the fire itself, but the fumes that come off burning buildings.”

    https://apnews.com/article/582a301c3a064a4f96c4c53b5e5d38a8:  This link discusses how cancer is the No. 1 line-of-duty cause of death for men and women who fight fire structures.  Much of the risk comes from burning plastics, chemicals and toxic materials that fire fighters are exposed to when they respond to a burning structure, car, or dumpster.

    https://www.dir.ca.gov/dosh/wildfire/worker-health-and-safety-during-fire-cleanup.html:  Commercial and residential structures are built of materials that may release or break down into hazardous substances when burned.  The article (under Other Hazardous Substances) list some of the potential hazardous substances that may be released during a fire as: Arsenic, Cadmium, lead, manganese, nickel, Zinc, PAHs, PCBs, PBBs, PFAS, PFOAs, Dioxins and Furans.

  • New EPA Directive on PFAS Chemicals

    If you breath air, drink water, consume food, you are impacted by and contribute to our PFAS / PFOA… contamination.  As I have said in the past, PFAS liabilities are going to make asbestos and lead look like elementary environmental issues.

    PFAS contamination is not an IF situation.  It’s emerging and ongoing (Forever Chemicals) and impacting each one of us daily.  In Michigan, where I live, we have roughly 200 identified PFAS contaminated sites and guesstimates are this will grow to roughly 11,000, just in Michigan.  In the Sleeping Bear Dunes National Park, they are detecting PFAS chemicals in the rainwater.

    Maine To Seek ‘Forever Chemical’ Contamination at Many Sites.  This link talks about PFAS chemicals in sewage sludge and paper mill sludge that has been applied as farm fertilizer.  This agricultural practice takes place around the country.

    https://www.insurancejournal.com/news/east/2021/10/15/637444.htm

    As environmental Strategist, our job is to assist businesses to manage and transfer their environmental exposures and PFAS is one you need to be prepared to coach client’s and prospects.

    As the link below points out the Federal government is going to establish PFAS standards.  You want to make sure you are on the front side of this by getting your insureds to inventory what they use that contain PFAS chemicals and find out what alternatives are available for replacement.

    https://www.insurancejournal.com/news/national/2021/10/20/638154.htm

    As an example of how real PFAS liabilities are just click on the link below.  You can also go to Google and type “PFAS Liability Payments” and read for yourself all the businesses that are dealing with PFAS liabilities.  PFAS liabilities are going to impact businesses that manufacture, distribute, use, or sell PFAS chemicals or products that contain PFAS chemicals.

    https://www.insurancejournal.com/news/southeast/2021/10/20/638080.htm

    PFAS Chemicals in Breast Milk

    https://www.seattletimes.com/seattle-news/environment/seattle-study-of-breast-milk-from-50-women-finds-chemical-used-in-food-wrappers-firefighting-foam/