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Property, Liability and Environmental Insurance Lessons From Katrina and Her Ugly Sisters

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Medical Centers and Nursing Homes. Failure to evacuate. Failure to plan for hurricane ... Not every bad thing that happens will be protected by insurance. ... – PowerPoint PPT presentation

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Title: Property, Liability and Environmental Insurance Lessons From Katrina and Her Ugly Sisters


1
Property, Liability and Environmental
Insurance Lessons From Katrina and Her Ugly
Sisters
  • Liability Issues

Dawn Hiestand and Daina Kojelis Zurich in North
America Chicago, March 21, 2006
2
Liability Issues
  • Employment Law
  • Failure to pay salaries
  • Breach of employment contract
  • Pension and benefits issues in the event of
    business failure
  • Contractors and Subcontractors
  • Construction defect issues
  • Oil Company Litigation
  • Ecological damage caused flooding, operations
    cause global warming
  • Price gouging
  • Environmental Law
  • Toxic lake
  • Traditional and non-traditional pollutants

3
Liability Issues
  • Directors and Officers
  • Failure to obtain flood insurance
  • Failure to obtain sufficient limits
  • Condo association and HOA boards particularly
    vulnerable
  • Legal Malpractice
  • Im taking any case that comes in the door.
  • Architects and Engineers
  • Design and specification issues

4
Liability Issues
  • Title Company/Bank/Insurance Agent Liability
  • Failure to advise to obtain flood insurance
  • Governmental Entities
  • Failure to maintain levees
  • Medical Centers and Nursing Homes
  • Failure to evacuate
  • Failure to plan for hurricane

5
Potentially Involved Coverages
  • Coverage can only be determined by a review of
    the complete policy plus any applicable case law,
    in the context of the facts of a specific claim.
    These comments are general in nature and
    informational only.
  • CGL
  • Is it pollution? How does policy deal with
    pollution?
  • Is there resulting bodily injury or property
    damage from an occurrence?
  • Environmental Liability Policies
  • Claims made and reported policies
  • Is there an exclusion for acts of god?
  • Is there an exclusion for certain types of
    damages?
  • Is there a premises exclusion?
  • Is there first party and/or third party coverage?
  • .

6
Potentially Involved Coverages
  • Directors and Officers Policies
  • Most policies exclude any liability arising from
    procuring or failing to procure insurance.
  • Policies may cover some EPLI exposures.
  • Exclude criminal acts.
  • Exclude pollution exposures.
  • Professional Liability Policies
  • Is it a wrongful act arising out of a
    professional service?
  • Exclude criminal acts

7
Closing Points
  • We must know our customers and understand their
    business in order to be able to anticipate what
    their insurance needs are.
  • Not every bad thing that happens will be
    protected by insurance.
  • Insurers and brokers are partners in finding
    solutions for clients partnership is not well
    served by creating unrealistic expectations of
    what the policy will and will not cover.

8
(No Transcript)
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