Public liability

Guidelines on Employers Liability and Public Liability Risk Assessment in the Chemical Industry (1992) Guidelines on Material Damage Risk Assessment in the Chemical Industry (3rd edn) (1992)... 

Safety of the public and public liability (thud party) 14/198... 

There is a legal requirement upon most employers to have in force employer s liability insurance covering injury to their employees. Public liability insurance, while not compulsory, is strongly recommended, both in terms of third-party liability (arising from the effects of corporate activities) and product liability (arising from the effects of corporate products. 

Exceptions to the cover are as for public liability (third party) policies plus ... 

In general, all points already listed under employer s liability apply equally in public liability (third party) situations. Additionally, the following should be considered. 

Public-liability insurance, including bodily injury and property loss or damage, on all operations such as those involving automobiles, elevators, attractive nuisances, bailee s charges, aviation products, or any company function carried on at a location away from the plant premises. 

Public liability insurance provides indemnity to the insured against their legal liability incurred for property damage and bodily injury to third parties. It normally provides indemnity to the insured for the financial consequences of damage to third parties caused by any activities of the insured giving rise to such... 

Although a few years ago there were indications that the UK insurance market was going to impose a total pollution exclusion on public liability insurance policies, no concrete signs have developed over recent times. Some general... 

As discussed above, damage caused to a third party s interests from contamination migrating from a contaminated site is unlikely to be covered by a current public liability policy. Any migration would almost certainly be judged by an insurer to... 

Costs to clean up the insured s own sites are not normally available from the traditional insurance market. It is not a claim that would be considered under a current public liability policy and if the contamination was known about, and also very severe then the site is unlikely to obtain site-specific environmental insurance to cover the required clean-up costs. The only situation where there may be a glimmer of hope from an insurance perspective is in situations where those facing liability for clean-up were tenants on the land and not the landowners themselves. It was, and still is, relatively common practice for tenants to have their public liability policies extended to provide indemnity to them for any damage they caused to the freeholder s land or property. If such a policy extension were to be available on an old occurrence worded policy held by a tenant the property damage part of the cover may provide them with some opportunity to gain an amount of insurance indemnity for any requirement placed upon them to clean up their landlord s land. 

As has been mentioned before, Public Liability policies in the main have some form of pollution exclusions attached to them. Property Damage policies, which provide indemnity in the event of damage being caused by named perils, only provide indemnity for removing contamination from that portion of a site... 

An insurance policy is available that will indemnify the insured for the costs incurred, up to the limit of indemnity, in the event of any pollution regulator using their powers to institute a clean-up of their site. This is a particularly important policy since it is quite common for a third party pollution claim to lead to a clean-up requirement on the site giving rise to the problem and the current public liability policies will not provide any indemnity for such expenses. 

Some insurers have used the type of wording found associated with public liability policies to restrict indemnity for sudden and accidental pollution only, to qualify indemnity for professional indemnity (PI) policies. Does the concept of sudden and accidental incident have any meaning when applied to a consultant s PI policy ... 

It is not uncommon for contractors to be held liable for any damage as a result of their activities. Where contracts are dealing with hazardous substances their clients almost certainly require them to assume responsibility for damage caused whilst handling or dealing with the hazardous materials. How can contractors accept such liability with a public liability policy that contains pollution exclusion ... 

Where consultants are involved in providing contracting services as well as consulting services, they must ensure that they have an adequate degree of insurance to cover both aspects of their work. Although not common, it is possible to obtain tailor-made policies that encompass the indemnification provisions of both a professional indemnity policy and a public liability policy providing the necessary degree of cover for pollution related claims. 

Public liability policies are already having their scope reduced so there is no intended cover for gradual pollution damage and very real possibilities that their scope will be further reduced in the near future to remove cover for all forms of pollution related damage. UK industry should be aware of this restriction and companies should consider whether or not their existing portfolio of insurance provides adequate protection. 

Endorsement(s) for Motor Carrier Policies of Insurance for Public Liability Under Sections 29 and 30 of the Motor Carrier Act of 1980 (Form MCS-90), issued by an insurer(s) ... 

Motor Carrier of Passengers Surety Bond for Public Liability Under Section 18 of the Bus Regulatory Reform Act of 1982 (Form MCS-82B), issued by a surety. 

All chemical companies that may provide assistance or advice in case of distribution incidents should confirm with their insurance companies that their policies do cover potential claims arising from such service for their own products. Those eompanies that may be involved in giving assistance or advice with respect to products other than their own should notify their insurance companies specifically of this fact and obtain confirmation that their general public liability policy will provide coverage for these activities. This should not lead to increases in insurance premiums. 

The 1988 PAAA (Public Law 100-408) is an amendment to the AEA of 1954. The Amendment continues the indemnification of DOE contractors from costs related to public liability. It differed from the original act in two principal ways ... 

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