Why EIL Is Needed — The Pollution Exclusion
Standard Commercial General Liability (CGL) and property policies contain a pollution exclusion that removes most environmental claims from cover. This includes third-party claims for bodily injury or property damage from pollution, remediation costs ordered by regulators, and natural resource damage. Environmental Impairment Liability (EIL) is the specialist policy designed to fill this gap — covering both sudden (accidental) and gradual (long-term) pollution events.
Sudden Pollution
A tank rupture, pipeline burst, or chemical spill — sudden discharge of pollutants into soil, groundwater or air.
Gradual Pollution
Cumulative contamination from ongoing operations — storage tank seepage, solvent drift, landfill leachate over years.
Remediation Costs
Costs of regulatory-ordered clean-up of contaminated land, groundwater or coastal areas — often the largest EIL cost item. Note: administrative fines and penalties imposed by regulators are excluded from EIL cover as a matter of public policy.
Third-Party Bodily Injury
Claims from neighbours or workers for health effects from pollution exposure — long-tail exposure, complex causation.
Which Sectors Need EIL?
- Energy and petrochemicals — refineries, fuel depots, offshore operations
- Ports and terminals — fuel bunkering, hazardous cargo handling, seabed contamination risk
- Manufacturing — chemical processes, solvent use, industrial waste water
- Construction — excavation of contaminated land, cement and concrete runoff, fuel storage on site
- Waste management — landfill operations, waste treatment, incineration
- Agriculture and agro-chemicals — pesticide storage and use, fertiliser runoff