Tag: exposure

  • TEAMing with Attorney’s To Drive Insurance Sales

    Of all the “business professionals” (i.e. attorney’s, accountant’s, banker’s, realtor’s, environmental engineers) we are highlighting in the ERMI TEAMing with “Business Professionals” series, attorneys represent the lowest hanging fruit for insurance professionals to TEAM with.

    There are several reasons for this which we will cover in this competitive environmental intelligence but mainly, attorneys tend to specialize in specific areas of law, i.e. general business, estate planning, bankruptcy, patent / trademark, environmental, criminal, international, employee, civil…  This means an attorney is well versed in their specific area of law but possess very little knowledge about assisting their clients to manage and transfer their environmental exposures.  Note:  As highlighted in Series #1, TEAMing With “Business Professionals”, every business and individual is impacted by environmental exposures.

    Historically, once an environmentally reactive business / individual calls their attorney to assist them with an environmental liability, the attorney brings in their firm’s environmental specialist to address the issue.  This business model will generally lead to some form of litigation and what attorney’s clients have learned over the years about environmental litigation is its very time consuming, stresses resources and desired results are generally not achieved

    Insurance professionals are not going to fix a broken business model overnight, but you can fill a huge gap in most attorney’s work, lack of financial assurance to backstop their legal documents.  In today’s business environment, the name of the game for attorney’s is avoid litigation to grow their client base and business.  Insurance professionals are armed with an arsenal of products to assist attorneys to grow their business model.

    The bottom line, today’s transparent business environment has changed the way Attorney’s must address environmental exposures impacting their client’s which means opportunity for insurance professionals.

    Note:  Education is a vital component to building a TEAM relationship with “Business Professionals”.  Throughout the ERMI “Business Professionals” series we will offer coaching tips to assist you in building your relationships with “Business Professionals”.

    ERMI TEAM Relationship Coaching Tip:  In some contracts, attorney’s will require financial assurance to backstop indemnifications contained in the contract.  They will generally achieve this utilizing standard property and casualty and environmental insurances with coverage being evidenced by a certificate of insurance.  The problem this strategy presents in relation to environmental insurance is, an environmental insurance policy will not be issued without the insurance carrier first receiving a completed and signed “warranty” insurance application.  In general terms the application will state that the environmental insurance policy is being issued based upon the signed “warranty” application and that the application will become part of the policy.  The application goes on to say at the time of a loss if it’s discovered the application is not accurate, the insurance carrier can deny coverage.  Without first confirming the “warranty” application is accurately filled out the certificate of insurance may not be worth the paper it is written on and the same is true for the attorney’s financial assurances contained in the contract.  Coaching attorneys to understand warranty applications will fill a gap in their financial assurance strategy in contracts and a gigantic hole in their E&O exposure.

    To support the above statements let’s look at another example.  For years, attorneys have utilized environmental indemnifications in real estate Buy / Sell Agreements, mergers and acquisitions and many other legal instruments.  Generally speaking, attorneys feel content with addressing potential environmental exposures by simply utilizing environmental indemnifications in legal instruments and not backing them up with a financial assurance mechanism (i.e. bond, letter of credit, monies on deposit, insurance).

    Today we know the problems created by this mindset and the fact that environmental indemnifications are a very cursory way of addressing environmental exposures in legal transactions.

    ERMI TEAM Relationship Coaching Tip:  Environmental insurance policies pay for defense costs.  Do you think an attorney would rather collect their fees from a financially solvent insurance carrier or a client that just found out they have contaminated half their towns drinking water?

    For decades, our Federal Government has utilized financial assurance requirements for asbestos and lead abatement contractors, regulated underground storage tanks, hazardous & industrial waste haulers, Landfills…, so why not more attorney’s?

    Insurance professionals have a variety of financial assurance products to assist attorneys to reduce their E&O exposure, one of which is pollution liability insurance.  TEAMing with ERMI will allow you access to the full menu of the environmental insurance products offered by the major environmental insurance carriers.

    ERMI TEAM Coaching Tip:  Talking points with attorney’s.

    To understand why “Best Practices” for attorneys means moving beyond their current litigious business model to possessing a working knowledge of managing and transferring environmental exposures, we first must be on the same page about a few environmental facts.

    1. What is a “Pollutant”? If you look at an environmental indemnification in a contract, it generally describes a Pollutant as smoke, vapors, soot, fumes, acids…..  However, due to the way courts and insurance companies have responded to lawsuits and insurance claims, environmental Strategist™ (eS) has developed a definition that is easier to understand.  eS define a “Pollutant” as a material, substance or product that gets introduced to an environment for other than its intended use or purpose.” In other words, something that ends up where it does not belong can be a pollutant.  eS have examples where fresh water, milk, cheese, fruit, beer and more have all been defined as a “Pollutant”.
    2. Law firms generally utilize specially trained environmental attorney’s to address their client’s environmental exposures when in reality their biggest environmental exposures are with their other legal specialist’s i.e. general business, health, international, labor, estate planning, merger & acquisition, real estate…. In short, nearly every attorney must possess a working knowledge of proactively addressing their client’s environmental exposures.  TEAMing with ERMI insurance professionals can do this.  In short, you become the law firms backroom environmental risk manager on managing and transferring their client’s environmental exposures.
    3. Historically, attorneys have made their money by addressing past environmental problems such as asbestos, lead, mold and so much more. This reactive approach has cost attorneys time, resources, client relationships and much more.  TEAMing with ERMI we can coach attorney’s on proactively managing and transferring their client’s environmental exposures to increase productivity and profits while reducing their E&O exposure.
    4. The inability of at fault parties to meet environmental indemnifications in contracts is a reputational and liability risk for attorney’s. Attorneys not practicing environmental “Best Practices” may find their E&O insurance at risk of claims from disgruntled client’s.

    ERMI TEAM Coaching Tip:  You would be amazed how many contracts Environmental Risk Managers (ERMI) reviews that an attorney constructed requiring the wrong pollution insurance.  On almost a weekly basis ERMI will assist an attorney with correcting their contract to make sure the proper pollution insurance is being requested and put into place.  TEAMing with ERMI we can make sure your legal TEAM members are not opening themselves up to an E&O exposure by requesting the improper environmental insurance.

    Today’s business environment is demanding attorneys know if their work is preserving an asset or creating an environmental liability for their client and themselves.  Insurance professionals TEAMing with attorney’s to manage and transfer the attorney’s clients environmental exposures will position themselves as a trusted advisor and strategic partner while driving the sales of their insurance products.

    In Environmental Risk Managers “Business Professionals” Series #3 we will strategize on TEAM building with Bankers / Financial Institutions.

  • Legionella Update

    environmental Strategist between the lines:  In the last couple of years I have sent out more articles on Legionella than any other environmental subject.  Why, because after years of monitoring Legionella the amount of attention focusing on this pollutant has increased dramatically.

    As you will see in the links below, there are a variety of sources for Legionella and it impacts a wide spectrum of your insureds.

    Studies have shown that 40 to 60% of cooling towers have tested positive for Legionella.

    These articles will assist you to coach up your insureds on better managing and transferring their Legionella exposure.

    Don’t Be a Case Study for Legionella

    http://www.newequipment.com/plant-operations/don-t-be-case-study-legionella

    Kentucky women died from Legionnaires disease contracted at Graceland Hotel

    https://www.commercialappeal.com/story/news/2017/09/12/woman-died-legionnaires-disease-contracted-guest-house-graceland-hotel/656986001/

  • Legionella Update

    environmental Strategist between the lines:  In the last couple of years I have sent out more articles on Legionella than any other environmental subject.  Why, because after years of monitoring Legionella the amount of attention focusing on this pollutant has increased dramatically.

    As you will see in the links below, there are a variety of sources for Legionella and it impacts a wide spectrum of your insureds.

    Studies have shown that 40 to 60% of cooling towers have tested positive for Legionella.

    These articles will assist you to coach up your insureds on better managing and transferring their Legionella exposure.

    Don’t Be a Case Study for Legionella

    http://www.newequipment.com/plant-operations/don-t-be-case-study-legionella

    Kentucky women died from Legionnaires disease contracted at Graceland Hotel

    https://www.commercialappeal.com/story/news/2017/09/12/woman-died-legionnaires-disease-contracted-guest-house-graceland-hotel/656986001/

  • Families Sue Schools, State, Monsanto Over Chemical Pollution

    environmental Strategist, between the lines:  Educational institutions are one of the most at-risk businesses for environmental liabilities.  We know for a fact that our youth are some of the most susceptible to environmental exposures, as they’re still developing.

    I could strategize at length on the advantages for educational institutions to transfer their environmental liabilities to a third-party insurance carrier versus self-insuring.  When we work with Fortune 500 companies on transferring their environmental liabilities, first and foremost they want to buy coverage for bodily injury.

    Generally, however, “we do not have it in our budget” is often the response from an environmentally-uneducated insured.  The following question can be an effective way to counter that objection.   “When weighing the costs of obtaining this important coverage, it would be worthwhile to consider from what source would 100% of the funds come for legal fees, bodily injury to students or staff, clean-up costs, third party damages, third party business income, loss of state-matched funds during clean-up, etc. should an environmental loss occur?”

    Now that you have their attention, use the attached environmental Risk Assessment (eRA) for Educational Institutions to educate your insureds on the advantages of transferring their environmental liabilities to a responsible insurer.

    We’ve developed eRA’s for over 80+ classes of business to get you and your clients on the same page about the environmental exposures impacting their operations.  We send our eRA’s in a Word format, so you can cut and paste them into a marketing presentation that compliments your agencies marketing program.  Our partner agencies find utilizing the eRA’s is an excellent way to leverage their insurance sales through educating the client about the fiscal realities of pollution protection.  It genuinely does have a measurable impact to their bottom line and strategic financial planning.

    The eRA’s come in three parts:

    1. Review of environmental exposure impacting your insured.
    2. Environmental loss examples
    3. Environmental insurance coverages that are appropriate for the insured to consider.

    If your insured recognizes the value and elects to further pursue environmental insurance coverage, Environmental Risk Managers is here to make your job easier by utilizing our network and expertise to market your client’s submission and supply you with the best coverage options.

    https://www.edweek.org/ew/articles/2018/01/03/families-sue-school-state-monsanto-over_ap.html

  • Drum Refurbishing: Who Are Your Neighbors?

    environmental Strategist, between the lines:  A huge environmental exposure most businesses do not think about comes from their neighbors.  When an environmental engineer conducts a Phase I site assessment they do a minimum of a 2-mile radius search of the subject property to see if any neighbors have been identified as contaminators that can impact third parties.

    Ask a business if they have any environmental exposures and over 90% will answer no.  As the link below points out, neighbors create a variety of environmental liabilities that impact third parties from air emissions, storm water runoff, vapor intrusion….

    Part of the Red Tide in the Gulf of Mexico is created by storm water runoff from farms, municipalities… that goes into the Mississippi river and is flushed out in the Gulf.  The Mississippi delivers contamination to the Gulf from over 2,000 miles away.

    The map below shows the nuclear fallout from the Fukushima nuclear reactor.  People living in Washington, Montana, Wyoming, Idaho, Oregon, California Utah, Colorado, New Mexico, Arizona, Nevada… were showered with nuclear contamination.

    Over 90% of the businesses do not realize or even think about how they are self-insuring for their neighbor’s environmental liabilities.  That is where environmental insurance can fill in a huge exposure and financial liability for a business.

    https://www.statesnews.us/drum-refurbishing-plant-where-worker-safety-problems-were-cited-closes-suddenly/

    https://www.yahoo.com/news/michigan-scrambles-address-chemical-contaminants-155149564.html

  • Drum Refurbishing: Who Are Your Neighbors?

    environmental Strategist, between the lines:  A huge environmental exposure most businesses do not think about comes from their neighbors.  When an environmental engineer conducts a Phase I site assessment they do a minimum of a 2-mile radius search of the subject property to see if any neighbors have been identified as contaminators that can impact third parties.

    Ask a business if they have any environmental exposures and over 90% will answer no.  As the link below points out, neighbors create a variety of environmental liabilities that impact third parties from air emissions, storm water runoff, vapor intrusion….

    Part of the Red Tide in the Gulf of Mexico is created by storm water runoff from farms, municipalities… that goes into the Mississippi river and is flushed out in the Gulf.  The Mississippi delivers contamination to the Gulf from over 2,000 miles away.

    The map below shows the nuclear fallout from the Fukushima nuclear reactor.  People living in Washington, Montana, Wyoming, Idaho, Oregon, California Utah, Colorado, New Mexico, Arizona, Nevada… were showered with nuclear contamination.

    Over 90% of the businesses do not realize or even think about how they are self-insuring for their neighbor’s environmental liabilities.  That is where environmental insurance can fill in a huge exposure and financial liability for a business.

    https://www.statesnews.us/drum-refurbishing-plant-where-worker-safety-problems-were-cited-closes-suddenly/

    https://www.yahoo.com/news/michigan-scrambles-address-chemical-contaminants-155149564.html

  • Miss-Delivery of Product

    environmental Strategist, between the lines:  Miss-delivery of product is a huge environmental exposure most businesses do not consider.  The article below highlights how in one of the most regulated industries, Nuclear, miss-delivery of products takes place.  How easy is it for less regulated raw materials and products?

    How would you like to find out a delivery made to you by Fed Ex had nuclear contamination because it got contaminated on the truck carrying the mislabeled nuclear material?

    A miss-delivery loss that comes to mind is one where the driver delivering fuel to a county garage, delivered it to the wrong county.  Not the wrong gas station across the street but the wrong county.  Roughly 15 years of cleanup and millions of dollars later the county received a no further action letter.  The problem was such because the county had just had their fuel tanks filled a few days prior and when the driver sat back to read the paper thousands of gallons of gas went over the surface, into municipal and storm sewers before the driver noticed and shut off the gas.

    There are several pollution policies that can cover miss-delivery of products.  What is your clients financial assurance strategy to protect themselves from miss delivery of product/s?

    https://www.usatoday.com/story/news/nation/2017/08/01/nuclear-labs-radioactive-mail/104058890/

  • Miss-Delivery of Product

    environmental Strategist, between the lines:  Miss-delivery of product is a huge environmental exposure most businesses do not consider.  The article below highlights how in one of the most regulated industries, Nuclear, miss-delivery of products takes place.  How easy is it for less regulated raw materials and products?

    How would you like to find out a delivery made to you by Fed Ex had nuclear contamination because it got contaminated on the truck carrying the mislabeled nuclear material?

    Photo Credit: thebalance.com

    A miss-delivery loss that comes to mind is one where the driver delivering fuel to a county garage, delivered it to the wrong county.  Not the wrong gas station across the street but the wrong county.  Roughly 15 years of cleanup and millions of dollars later the county received a no further action letter.  The problem was such because the county had just had their fuel tanks filled a few days prior and when the driver sat back to read the paper thousands of gallons of gas went over the surface, into municipal and storm sewers before the driver noticed and shut off the gas.

    There are several pollution policies that can cover miss-delivery of products.  What is your clients financial assurance strategy to protect themselves from miss delivery of product/s?

    https://www.usatoday.com/story/news/nation/2017/08/01/nuclear-labs-radioactive-mail/104058890/

  • Illicit Abandonment

    environmental Strategist®, between the lines:  Illicit Abandonment is an environmental exposure, which most commercial real estate lessors don’t think about.

    Let me digress, back in 2008 when the economy tanked, we received a call from an insurance agent who explained his client had a leased facility and the tenants went out of business.  When the client went to inspect their property, they found raw materials stored in 55 gallon drums, totes and other storage containers, which were left behind by the bankrupt tenant.  None of the containers were leaking or causing an environmental liability, but to rent the building out the owner had to get rid of the raw materials and it cost more than $80,000.  That is a simple example of illicit abandonment and this exposure can be covered with pollution liability insurance.

    The article below talks about refurbishing of containers, such as 55 gallon drums, and the environmental exposures it creates for workers and neighbors to business those refurbish containers.  The article also talks about how most containers they receive have some residual product left in the containers.

    When you see a facility like the one in this picture, which stores old containers outside over an unsealed surface, over time residuals will leak out and contaminate the ground and ground water.  Under federal law the owner of the property is ultimately responsible for the environmental condition of their property.  What if the contamination migrates onto a neighboring property?

    What the article does not talk about is the huge environmental exposure storage and use of 55 gallon drums, totes, buckets… creates for businesses that use them.  How does the business buy the raw materials; FOB point of shipment, or FOB point of delivery?  Do they store them in a secure area with secondary containment?

    As your client’s professional risk manager, do you go out and inspect their rental properties to make sure a tenant is not creating an environmental exposure for your insured?  What is the tenant’s strategy to meet the environmental indemnification contained in the lease agreement they signed?

    Is the tenant’s financial assurance strategy to go out of business if they create an environmental liability, and leave the property owner with an illicit abandonment exposure?

    Working with Environmental Risk Managers we can coach you and your client’s on better managing and transferring their environmental exposures.

    ERMI Sales Strategy:  Every time you go out and inspect a client’s tenant, it creates a potential new sales opportunity for you with the tenant.  While serving your client’s better, you are also creating a great opportunity to increase your sales.  Win /Win!!!!!

    https://projects.jsonline.com/news/2017/2/15/chemicals-left-in-barrels-leave-many-at-risk.html

  • Internet Pollution Liabilities

    environmental Strategist between the lines:  Facebook, Amazon, Google, Alibaba… have become the latest distribution networks creating products pollution and other environmental liability exposures for your commercial insureds.  Countries such as China who has brought us such contaminated products as dry wall, wood floors, lead laced children toys and Mardi Gras necklaces, dog food…, are now able to able to use internet based companies and side step the U.S. Consumer Products Safety Commission.

    Photo Credit: www.wordpress.com

    Coach your client’s to make sure they do not get themselves into a products pollution or other environmental exposure while trying to increase profits.  A clear majority of products have imitations being made.  In the past when it was a purse or a watch it did not cause much environmental harm.   Now we are talking about cancer causing, skin burning materials / chemicals that cause not only bodily injury but have a negative impact upon our environment.

    I bet Al Gore did not factor in environmental liabilities when he invented the internet.

    https://www.buzzfeed.com/leticiamiranda/hoverboards-vapes-and-spinners-are-reshaping-economy?utm_term=.sxY2ep5dPY#.ruv3wMDBPr