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Environmental Liability

Site Pollution Liability

Protection for owners, operators and tenants from pollution related claims that originate from a specific location. Covers sudden events such as spills and gradual events such as long term leaks or contaminant migration.

Why Do I Need SPL?

Most property and CGL policies exclude pollution. SPL fills this gap and provides dedicated protection for environmental incidents that can trigger cleanup costs, fines & penalties or third party claims. It helps preserve property value, manage risk and meet lender or contractual requirements.

What Does the Coverage Include?

On site cleanup costs
Off site cleanup costs
Bodily injury
Property damage
Natural resource damages
Legal defense
Emergency response
Transportation exposures for materials moved to or from the site
Non owned disposal site (NODS) coverage
Business interruption or extra expense (when included)

Common Exposures

Historical contamination discovered during renovations or redevelopment
Leaking aboveground or underground storage tanks
Improper chemical or waste storage
Mould or indoor air quality issues
Firewater runoff after a fire event
Tenant operations introducing new contamination
Migration of pollutants to neighboring properties
Stormwater runoff that discharges contaminants off site

Claims Examples

Historical contamination discovered

A property owner redeveloping a commercial building uncovered petroleum contamination beneath the slab. SPL responded to investigation, excavation and disposal costs that exceeded $500,000.

Underground storage tank leak

A retail property owner discovered their UST had been leaking for years. Contamination had migrated to neighboring properties and groundwater. SPL covered on-site cleanup, off-site remediation and third-party claims from affected neighbors.

Tenant contamination

A dry cleaning tenant improperly disposed of solvents, contaminating soil beneath the building. After the tenant vacated, the landlord faced cleanup obligations. SPL responded to remediation costs and regulatory compliance.

Mould outbreak

A commercial building experienced water intrusion leading to widespread mould growth. Tenants reported health issues and property damage claims followed. SPL covered remediation, business interruption and third-party bodily injury claims.

Firewater runoff

A warehouse fire required extensive firefighting efforts. Contaminated runoff flowed into a nearby stream, triggering regulatory action. SPL covered emergency response, cleanup costs and natural resource damage claims.

Broker Questions

How Site Pollution Liability responds to the questions brokers ask us most often.

What is the difference between Site Pollution Liability and Contractors Pollution Liability?

The trigger is different. Site Pollution Liability follows a location: it responds to pollution conditions originating at the insured site, whoever caused them. Contractors Pollution Liability follows an operation: it responds to pollution caused by the contractor's work, wherever that work takes place. Owners buy SPL; contractors buy CPL.

Can Site Pollution Liability cover contamination that is already in the ground?

Pre-existing conditions can be covered on the TerrAssure SPL form. That cover is underwritten case by case and depends on what environmental reporting is available for the site, so expect an underwriter to ask for existing Phase I or Phase II assessments before terms are offered.

Does SPL respond to contamination that migrates onto a neighbouring property?

Yes. On site and off site cleanup are both covered, so a release that starts at the insured location and migrates off site can be covered along with associated third party claims. Off site migration is one of the main reasons owners buy the cover, because a CGL policy generally will not respond to it.

Does the policy pay for lost income while a site is being remediated?

Business interruption is included on the TerrAssure SPL form, so income loss arising from a covered pollution condition can be claimed alongside the cleanup itself. The specific waiting period, indemnity period and limit are set in the issued policy.

Is mould covered under Site Pollution Liability?

Mould can be covered as a pollution condition at the insured location. Because mould is frequently linked to ongoing maintenance issues rather than a discrete event, underwriters look closely at building condition and any water damage history when setting terms.

Who needs Site Pollution Liability if the property already has commercial property insurance?

Property policies insure damage to the building, not the liability and cleanup obligation that follows a pollution condition. Owners, operators and tenants of industrial, commercial and multi-unit residential property carry SPL to cover the cleanup order, the third party claims and the off site migration that property and CGL forms exclude.

Coverage described here is a summary. The issued policy wording governs in all cases. Ask an underwriter about a specific risk.

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