PROPERTY TRANSFER LIABILITYSM INSURANCE PROGRAM
Environmental Risk Agency’s Property Transfer Liability Insurance program protects owners, purchasers and lenders against liability that may arise from state or Federal Superfund-type environmental statutes, many of which impose liability even if the owner or lender was neither involved in nor aware of any contamination.
PROPERTY TRANSFER LIABILITY INSURANCE BENEFITS TO COMMERCIAL PROPERTY OWNERS:
- Provides broad protection against environmental liabilities
- Backed by A.M. Best “A” rated insurance and widely accepted by commercial lenders and financial institutions
- Offers up to $50 million of protection for up to 10 years
- Covers known and unknown environmental problems: residual contamination after cleanup, low-level contamination, pre-existing contamination, and impact from off-site sources
- Includes tort liability protection from third-party lawsuits for bodily injury or property damage
- Covers damages arising from federal, state and local environmental statutes and regulations including changes to existing environmental laws or new regulations made after the policy date
Environmental Risk Agency’s Property Transfer Liability Insurance Program is a powerful tool for the commercial property owner.
The coverage can:
- Substitute for costly and difficult-to-enforce environmental indemnities
- Simplify or remove difficult-to-negotiate environmental issue during negotiations and at the closing table
- Facilitate future sale of property by positioning assets with transferable insurance protection against environmental liabilities
- Replace uncertain environmental costs with a specific dollar amount and then transfer the risk’s financial impact to the insurer
- Exchange hard-to-quantify liabilities with an affordable policy
Environmental Risk Agency’s Property Transfer Liability Insurance Program provides coverage for:
- Residual, low-level contamination that was present but undetected at the time of purchase
- Contamination that migrates onto the site from another property
- Contamination from underground storage tanks
- Environmental liabilities resulting from commercial or industrial operations that continue after the purchase
- Contamination from third-party “midnight dumping” or by tenants
The policy covers traditional third-party claims for property damage, property impairment, bodily injury or other losses caused by environmental problems on commercial property.
Protection after Environmental Remediation
Our Property Transfer Liability Insurance Program can cover potential liabilities on remediated properties, including additional mandated remediation. Environmental Risk Agency’s insurance program counteracts purchasers' concerns that a property may be environmentally tainted and reduces concessions often required to facilitate the sale of real estate that has been remediated. In addition to liability from state or Federal Superfund-type environmental statutes, Our program covers Bodily Injury/Property Damage claims, known as "Environmental Impairment Liability" (EIL) coverage, which can arise from third-party lawsuits.
PROPERTY TRANSFER INSURANCE FACILITATES COMMERCIAL PROPERTY TRANSACTIONS
Substitute for Indemnification
ERIC Property Transfer Liability Insurance is an effective substitute for environmental indemnification and "hold harmless" agreements. The policy pays "on behalf of,' the owner; an important feature to an owner facing an unanticipated remediation or a lender assessing credit.
Coverage for Portfolios
Real estate portfolios with a variety of property types can be efficiently underwritten and priced. A Phase I audit may not be necessary for each property in a portfolio.
Securitized Mortgage InsuranceSM minimizes the impact of an environmental problem within a securitized mortgage portfolio or real estate investment trust (REIT) by insuring against the cost of mandated cleanup and other environmental liabilities. Our insurance may enhance the credit-worthiness of securities issued on the value of the portfolio, benefiting borrowers, investors, trustees, servicers and security brokers.
Beyond Statutory Exemption: Protection for Lenders
Lenders are vulnerable to environmental risk when they provide financing for commercial property transactions. Our program includes special options which can be modified for lenders to protect against collateral impairment.
Help with Environmentally Impacted Properties
We offer coverages to protect the owner and lender during the remediation process. Related products include Remediation Stop LossSM, Owner Control InsuranceSM Program, and Asbestos In PlaceSM coverages.
Reduce Risk Cost Effectively
Engineering controls and risk management can help reduce losses due to environmental risk--to a point. Then, it makes more sense to insure the remaining environmental risk rather than fund additional testing or remediation.