AIG's Brownfields Insurance Debacle: Policy Language Should Be Negotiated by Coverage Experts
Dr. Susan Neuman
The world of brownfield insurance (BI) was recently shocked to learn that AIG was non-renewing its site pollution liability (SPL) book of business. AIG's Pollution Legal Liability Select (PLLS) policy, issued in 1995, was environmental insurers' first response to the Brownfields Movement. It allowed them to modify previously restrictive and inflexible policies so that they could be used to facilitate transactions. The idea of the policy was that the insured would be able to "select" specific coverages out of a number of modules based on distinctions of time, location, and types of damage, for instance On Site Cleanup Costs due to Pre-Existing Pollution Conditions. However, in addition to this selection process, specific policies also need to be manuscripted or tailored to fit specific risks. They are negotiable contracts, and, as illustrated by most of the cases involving such policies over the last 10 or 15 years, need to be negotiated by coverage experts.