Pollution Legal Liability/Environmental Impairment Liability (PLL/EIL)

Practice Area

Pollution Legal Liability/Environmental Impairment Liability (PLL/EIL)

In the mid-1970s, a handful of insurers began offering their customers Pollution Legal Liability/Environmental Impairment Liability (PLL/EIL) covers in response to the sudden and accidental pollution exclusion that had been added to Commercial General Liability (CGL) policies. Though at first only a handful of insurers offered PLL/EIL covers, today almost every major insurer offers some form of PLL/EIL coverage. As the PLL/EIL market has matured, the types of coverage, limits of liability, and terms and conditions have evolved to afford a wide spectrum of coverage for environmental exposures with market premium estimated at $2 billion.

The Pollution Legal Liability/Environmental Impairment Liability Insurance Practice at Lewis Brisbois is an experienced team of attorneys that has been on the forefront of PLL/EIL coverage as it has developed over the past 25 years, including some who have worked in-house for major PLL/EIL insurers. Our attorneys have litigated coverage matters involving PLL/EIL policies, drafted policy forms for suites of PLL/EIL covers for major insurers, and counseled underwriters on emerging environmental trends and regulatory compliance. Our team features attorneys throughout the United States practicing in the following areas:

  • Coverage Litigation
  • Policy/Endorsement Drafting
  • Risk Control
  • Claims Management/Audits
  • Drafting/Negotiating Manuscript Forms
  • Underwriting Support
  • Regulatory Compliance

PLL/EIL covers have traditionally included errors and omissions (E&O) coverage for environmental consultants and design professionals (including incidental contractors E&O), and newer policies have expanded to include areas such as Business Interruption and Cyber coverage. As a full-service firm, we provide clients with a holistic, integrated approach to navigating the full spectrum of areas impacted by a loss or involved in a transaction. As necessary, our PLL/EIL attorneys coordinate with colleagues to resolve issues related to the following areas:

  • CGL/Business Auto Liability Coverage
  • Commercial Transactions
  • Cyber Insurance/Risk Management
  • Directors and Officers Liability Coverage
  • Environmental
  • First-Party Property
  • New Market Tax/Low Income Housing and Other Tax Credits
  • Professional Liability Insurance Coverage
  • Real Estate
  • Reinsurance

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