Disclosure of Pollution Conditions during Underwriting: Coverage under Environmental Insurance Policies

摘要

Environmental insurance policies exclude undisclosed known pollution conditions. Litigation on the applicability of provisions defining known conditions suggests that policyholders:(1) should aim to avoid ambiguity;(2) carefully review applications before signing;(3) properly disclose facts;(4) clarify knowledge of confirmed releases; and(5) understand the need for and impact of further investigation based on consultant recommendations.