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 admitted in 15 states across the country 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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