Environmental liability exposures are expanding in scope and complexity at a pace that demands fresh underwriting attention.
PFAS contamination litigation, legacy site cleanup cost escalations, and new regulatory standards for soil and groundwater remediation are generating claims that are larger and more protracted than historical environmental exposures. The litigation environment in several jurisdictions is particularly aggressive, with plaintiff theories of liability continuing to expand.
For commercial general liability underwriters, the question of pollution exclusion scope -- and the cases that have eroded those exclusions over time -- requires careful attention. Standalone environmental policies offered by specialty carriers remain the most reliable coverage vehicle for significant pollution exposures.
MGAs and carriers with dedicated environmental underwriting capabilities are handling the complexity well. Underwriters without specialized training in environmental science, regulatory frameworks, and remediation costs are carrying risks they may not fully understand.
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