On February 17, 2023, a train carrying hazardous materials derailed near the city of Akron, Ohio, causing significant damage to the surrounding area and prompting concerns about the impact on the environment and public health.
The train was carrying multiple tank cars filled with toxic chemicals, including hydrochloric acid and chlorine. The incident resulted in the release of toxic fumes into the air and forced the evacuation of nearby residents.
The tragedy began around 3:45 pm when the train derailed near a residential area. The derailment caused several of the tank cars to rupture, releasing their contents into the environment.
Emergency responders arrived on the scene and immediately began evacuating residents within a half-mile radius of the derailment. The tragedy caused significant damage to the surrounding area, including a bridge and a nearby building. It also disrupted transportation in the area and forced nearby businesses to shut down.
In fact, as a result of the incident, environmental groups and community activists have criticized the lack of transparency and accountability in the regulation of hazardous materials, especially in areas where low-income and minority communities are disproportionately affected.
The incident has also caused some health damage to the residents that were impacted by the derailment. For example…
Sarah Edwards whose street sits across from Union Pacific’s railyard shared her concerns about the health issues the incident has raised. “We are losing people daily. We are getting reports of people getting cancer,” she reported.
And to be honest, this tragedy has shown how important it is for companies that transport hazardous materials to have insurance policies that cover environmental liabilities. These policies are meant to protect the company from financial losses in the event of an environmental accident.
In the case of the Ohio train derailment, the company transporting the toxic materials may be able to file an insurance claim to cover the costs of the cleanup and any damages resulting from the incident.
However, the process of filing an insurance claim for environmental liabilities can be complex and time-consuming.
Insurance companies often require detailed information about the incident and the extent of the damage, and they may conduct their own investigations to verify the claim. They do this to either compensate policyholders for their loss or deny the insurance claim. And while this is great…
Policyholders need to understand that not all insurance companies are willing to honor claims even when they are valid. This is not surprising, especially when you begin to consider the fact that insurance companies only care about one thing and that is to make profits. In other words, they are ready to do whatever it takes to improve their revenue and deny claims.
That's why when you feel your insurance company is unfairly delaying or denying your claim, you should quickly seek the help of an attorney.
At Voss Law Firm, we have experienced attorneys that are willing to go above and beyond to recover your loss. They'll contend with your insurance company till you get every benefit you deserve. Just call us today at 1-888-614-7730 for a free consultation.
And just in case you don't know, environmental liability insurance covers a wide range of risks, including pollution liability, cleanup costs, and legal expenses resulting from environmental damage.
It is essential to note that environmental liability insurance policies can vary widely in terms of coverage and exclusions. Therefore, businesses must work closely with their insurance brokers or agents to determine the appropriate coverage for their needs. Businesses should also be aware of the limits of their coverage and any exclusions or restrictions that may apply.
Types Of Environmental Liability Insurance
As we already explained, environmental liability insurance is a type of insurance coverage that protect businesses from the financial risks associated with environmental incidents.
These incidents can range from chemical spills to air pollution and can result in property damage, bodily injury, and clean-up costs.
Environmental liability insurance policies vary depending on the type of coverage required, and below are the various types of environmental liability insurance policies available in insurance companies.
Pollution Legal Liability Insurance (PLL)
Pollution Legal Liability Insurance, also known as Environmental Impairment Liability Insurance (EIL), is a type of insurance policy that covers environmental liabilities associated with a company's operations.
Pollution legal liability insurance policies provide coverage for pollution events that result in property damage, bodily injury, or cleanup costs. This coverage is typically available for gradual pollution events, such as chemical spills that occur over time, as well as sudden and accidental pollution incidents.
Contractors Pollution Liability Insurance (CPL)
Contractor pollution liability insurance is designed for contractors, subcontractors, and other professionals who are involved in environmental projects, such as site remediation, waste disposal, and pollution prevention.
The policy covers the contractor's liability for pollution-related damages, such as bodily injury, property damage, and cleanup costs arising from their work.
For example, if a contractor is hired to remove asbestos from an old building, but some of the asbestos fibers escape into the air and cause health problems to the occupants or nearby residents, the contractor could be sued for negligence and face costly legal fees and damages.
However, with CPL insurance, the insurance company would be able to protect the contractor from such damages and provide coverage for defense costs, settlements, or judgments.
Site Pollution Liability Insurance (SPL)
Site Pollution Liability Insurance (SPL) is a type of environmental liability insurance that covers environmental liabilities associated with a specific site or location.
This coverage is typically purchased by property owners, operators, and developers who want to protect their assets from environmental liabilities resulting from their operations. SPL policies provide coverage for both sudden and gradual pollution incidents, including property damage, bodily injury, and cleanup costs.
Commercial General Liability Insurance (CGL)
Commercial General Liability Insurance (CGL) is a type of insurance policy that provides coverage for third-party bodily injury, property damage, and personal injury claims resulting from a company's operations.
While CGL policies are not specifically designed for environmental liabilities, they can provide coverage for environmental claims resulting from pollution incidents, depending on the policy wording and specific circumstances.
Environmental Contractors Insurance (ECI)
Environmental Contractors Insurance (ECI) is a type of environmental liability insurance that provides coverage for environmental contractors, consultants, and service providers.
ECI policies typically include coverage for pollution incidents resulting from the contractor's operations, as well as errors and omissions coverage for professional liability claims.
Professional Liability Insurance (PLI)
Professional Liability Insurance (PLI), also known as Errors and Omissions (E&O) Insurance, is a type of insurance policy that can offer coverage for environmental liability claims resulting from professional services provided, such as environmental consulting and engineering services.
When To Contact Our Texas-Based Attorneys
If your insurance company is refusing to cover the cost of clean-up, property damage, bodily injury, or any type of damages resulting from pollution caused by your company, or if they are offering a settlement below the value of your insurance claim, you should seek the help of an experienced attorney.
For many years at our Texas "Voss Law Firm", we have helped policyholders recover their loss even when it felt like all hope was lost. And we guarantee yours won't be different. So if you feel your claim is being unfairly underpaid, delayed, or denied, reach out to our experienced insurance claim attorneys at 1-888-614-7730 today for a free consultation.