Does my architecture/engineering firm have pollution coverage on Professional Liability? Most Professional Liability insurance companies do offer some pollution coverage in the policy. It will vary from company to company so be sure you understand what the coverage is in your policy. Here are a few examples of the pollution incident definition of the policy:
“Pollution Incident” means the discharge, dispersal, release, escape, migration, or seepage of any solid, liquid, gaseous, or thermal irritant or contaminant, including smoke, soot, vapors, fumes, acids, alkalis, chemicals, hazardous substances, hazardous materials, or waste materials, on, in, into, or upon land and structures thereupon, the atmosphere, surface water, or groundwater, caused by the acts of an Insured in his or her capacity as such, or by any other person for whom the Insured is legally liable, and which results in Bodily Injury or Property Damage.
Pollution incident means the actual or alleged:
- discharge, dispersal, seepage, migration, release or escape of pollutants into or upon land, the atmosphere, or any watercourse or body of water; or
- inhalation of, ingestion of, contact with, exposure to, existence of, growth or presence of fungi or microbes; which results in bodily injury or property damage. However, a pollution incident cannot arise from dishonest, fraudulent, malicious, or criminal conduct committed by the Insured or at the Insured’s direction or with the Insured’s prior knowledge.
In addition to reading your policy, also read your contract that requires the pollution coverage to make sure that the policy is going to cover what the contract requires. If your current Professional Liability policy does not meet the contract requirement your firm may need to get a stand alone pollution policy or the contract language needs to be negotiated.
If you have questions about pollution coverage please call or email your Professional Underwriter agent.