M&A Transactions - International
Environmental Impairment Liability policies (EIL) continue to play an important role in mergers and acquisitions (M&As). EIL policies provide cover for regulatory and third-party liabilities arising from historical pollution. They can provide long-term peace of mind for parties buying and selling brownfield land and businesses where there could be historical pollution liabilities.

Product details


Claims-made: USD 50 million


  • First-Party Discovery and Third-Party Triggers for Remediation Expense
  • Third-Party BI, PD & Defense
  • Legal expense
  • Contingent Third-Party Transportation
  • Third-Party Business Interruption & Diminution of Value
  • Natural Resources Damages
  • Excess of Indemnity coverage
  • Abandoned Materials / Midnight Dumping
  • Non-owned Disposal Sites (NODS)
  • Automatic coverage for newly-acquired locations
  • Mold/Legionella
  • Tailored enhancements specific to the “deal” dynamics

Client Profiles

  • Buyers
  • Sellers
  • Developers
  • Lenders

Typical Information Required

  • Details of the transaction - the sites to be covered and who is to be insured
  • Details of any anticipated changes to the sites /business activities, post-transaction
  • A copy of the contract (if a contract is required to be scheduled)
  • Environmental due diligence reports

Benefits & Services

  • Integrated underwriting, risk consulting and claims handling
  • Staff with an average of 15+ years environmental/insurance experience
  • Global solutions for multinational accounts
  • Specialized in-house risk control consultants and claims handling
  • Emergency response services available 24/7 for North America
  • 30 years in specialized environmental insurance market

Limits On Product

USD 50 million

This general product description is informational only. It is neither an offer to sell nor a solicitation to purchase any particular insurance product. Products are subject to legal and underwriting requirements. Coverages may not be available in all jurisdictions, including without limitation any jurisdiction within the United States, and may be available only through appropriately licensed producers. In addition, GAPS’s provision of publications or services is not an indication of the existence or availability under any policy of coverage for any particular property or type of loss or damage. Policies underwritten from Bermuda, Brazil, Canada, China, Mexico, Switzerland, or written by XL Insurance Company SE are only available through non US-based brokers. The Insurance companies of XL Group Ltd are: Catlin Insurance Company, Inc., Catlin Indemnity Company, Catlin Specialty Insurance Company, Greenwich Insurance Company, Indian Harbor Insurance Company, XL Insurance America, Inc., XL Specialty Insurance Company, XL Bermuda Ltd, XL Insurance Company SE, XL Insurance Switzerland Ltd, XL Insurance (China) Company Limited, XL Seguros Brasil S.A. and XL Insurance Mexico SA de CV. Coverages placed with Lloyd’s Syndicate #2003 are managed by Catlin Underwriting Agencies Limited and supported by XL Catlin corporate capital. Additional important information regarding our business is provided on our Legal Notices page.

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