Hazardous waste: closing the insurance gap

Journal Article · Mon Jul 01 04:00:00 EDT 1985 · Civ. Eng. (N.Y.); (United States)

OSTI ID:6131025

Thompson, J A; Becker, J C; Loulakis, M C

This article describes how the insurers of the hazardous waste industry have been hit by large claims and are afraid of even bigger ones. As a result, they have been leaving engineers exposed by taking pieces away from their protective coverage and leaving gaps. Engineers are being forced to look elsewhere for protection. One major concern is liability to individuals exposed to chemical wastes. An additional concern is design and construction failures. Comprehensive general liability (CGL) is currently the main form of insurance held by cleanup contractors. CGL policies, though, contain numerous exclusions, limiting their value to cleanup engineers. Indemnification agreements are being used as further protection. This is a written agreement whereby one party agrees to be responsible for any judgements entered against a second party. The Superfund legislation recognizes the use of such agreements. There are limitations to any indemnity agreement, but despite this, they can be an excellent tool for closing the gaps in available insurance coverage. There is virtually no written case law discussing the standard of care to which cleanup contactors will be held. This year, Congress will be addressing several legislative actions which may include a provision specifically authorizing the EPA to indemnify cleanup contractors.

• Research Organization: Wickwire, Gavin and Gibbs, Vienna, VA
• OSTI ID: 6131025
• Journal Information: Civ. Eng. (N.Y.); (United States), Journal Name: Civ. Eng. (N.Y.); (United States) Vol. 55:7; ISSN CIEGA
• Country of Publication: United States
• Language: English

Related Subjects

32 ENERGY CONSERVATION, CONSUMPTION, AND UTILIZATION
320305* -- Energy Conservation
Consumption
& Utilization-- Industrial & Agricultural Processes-- Industrial Waste Management
CONTRACTORS
HAZARDOUS MATERIALS
INSURANCE
LAWS
LEGAL ASPECTS
LIABILITIES
MANAGEMENT
MATERIALS
POLLUTION LAWS
STATE GOVERNMENT
SUPERFUND
VICTIMS COMPENSATION
WASTE DISPOSAL
WASTE MANAGEMENT