Abstract
The chapter focuses on the loss adjustment service under an Environmental Impairment Liability cover. Within the loss adjustment aspects, the chapter will encompass the actions to be taken, starting from notifying the authorities, develo** and implementing the remediation plan, and maintaining geotechnical, hydrological, or baseline and biotope investigations. Finally, the remediation operation is the last part of the loss adjustment process.
Considering the above complexity of the environmental damages, the role of the loss adjuster seems invaluable.
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Notes
- 1.
Membership organisation for claims professionals associating over 4500 members, see more: https://www.cila.co.uk/. Access 23 March 2023.
- 2.
European Federation of Loss Adjusting Experts, an organisation comprising fifteen national loss adjusting associations, each representing loss adjusting experts in their own countries. These loss adjusting experts who are qualified in their own country are recognised as FUEDI-ELAE or FUEDI-NLAE depending on their level of qualification. FUEDI is recognised by the European Commission as the representative body for all professional loss adjusters in Europe. See more on www.fuedi.eu; access on 23 March 2023.
- 3.
The division of the ‘first party’ and ‘third party’ risks is well known to the insurance market. First-party, which refers to losses directly borne by the policyholder (or insured) firm, and Third-party, which refers to damages alleged by clients or other third parties for which the policyholder firm may be liable. See for example: Environmental Insurance and Risk Management Tools Glossary of Terms; https://www.epa.gov/sites/default/files/2015-09/documents/ei_glossary_06.pdf; access 23 March 2023.
- 4.
Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage; OJ L 143 30.4.2004, p. 56.
- 5.
See more: https://www.europarl.europa.eu/doceo/document/TA-8-2017-0414_EN.html; access on 23 March 2023. As well as European Environmental Bureau, Position paper on the Environmental Liability Directive, June 2023. https://eeb.org/wp-content/uploads/2022/09/ELD-Position-Paper-FINAL.pdf.
- 6.
Parts per billion (ppb) and parts per trillion (ppt) are the most commonly used terms to describe very small amounts or trace levels of contaminants in our drinking water. https://www.secnav.navy.mil/eie/Pages/DrinkingWaterConcentrations.aspx.
- 7.
For further reference please see Joshua Lipton, Ece Özdemiroglu, David Chapman, and Jennifer Peers; Equivalency Methods for Environmental Liability, published by Springer under ISBN 978-90-481-9811-5.
- 8.
Kyriaki Noussia (2012).
References
European Environmental Bureau, Position paper on the Environmental Liability Directive, June 2023. https://eeb.org/wp-content/uploads/2022/09/ELD-Position-Paper-FINAL.pdf
Joshua Lipton, Ece Özdemiroglu, David Chapman, and Jennifer Peers; Equivalency Methods for Environmental Liability, published by Springer under ISBN 978-90-481-9811-5
Kyriaki Noussia K (2012) Environmental pollution liability and insurance law ramifications in light of the deepwater horizon oil spill. In: Basedow J, Magnus U, Wolfrum R (eds) The Hamburg Lectures on Maritime Affairs 2009 & 2010. Hamburg Studies on Maritime Affairs, vol 23. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-27419-0_7
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Vos, M. (2024). Loss Adjustment in the Environmental Insurance and the Role of the Loss Adjuster. In: Malinowska, K., Maśniak, D. (eds) Managing Environmental Risks through Insurance. AIDA Europe Research Series on Insurance Law and Regulation, vol 9. Springer, Cham. https://doi.org/10.1007/978-3-031-47602-0_10
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