Using Old Insurance to Cover Investigation and Clean-Up Costs

Written by Steve Henshaw, P.G., President & CEO, EnviroForensics
As seen in the September 2009 issue of Cleaner & Launderer

PDF Version

I heard from some readers that my last few articles were a little too technical and in addressing those comments, I’ve decided to go back to basics. That is to say, what are basic concerns that dry cleaners have? Since this is the Environmental Corner and staying with that topic, it is my experience that one of those basic concerns that dry cleaners might have deals with the questions,“How am I going to pay for an environmental investigation and clean-up?” Old insurance policies may be an answer.

For years I’ve espoused that business owners need to find their old comprehensive general liability (CGL) policies and store them in a safe, dry and fireproof place. CGL policies were purchased by business owners to cover them against all liability exposures of a business unless specifically excluded. Coverage includes products, completed operations, premises and operations, elevators, independent contractors, to name a few. Note the key words, “unless specifically excluded.” These words are very important in determining whether an individual or businesses old insurance policies can be used to pay for environmental investigations and clean-ups.

Continue reading “Using Old Insurance to Cover Investigation and Clean-Up Costs”

Insurance Archaeology – What is it and Why is it Beneficial?

Published in Fabricare The Magazine of Drycleaning & Laundry Institute Sep/Oct 2008

PDF Version

Insurance archeology is the process of location and finding historical insurance policies that covered individuals and businesses. Historical insurance can be a huge benefit to drycleaners, as old policies can be used to pay for costs associated with soil and groundwater contamination investigations, legal representation, and even the cleanup of contaminated sits. Continue reading “Insurance Archaeology – What is it and Why is it Beneficial?”

Finding the Money for Environmental Clean-Ups In Yesterday’s Business Records

Written by David A. O’Neill, J.D., Director of Investigations, Enviroforensics and PolicyFind
Published in CleanFacts Issue 2 2008

PDF Version

Successful dry cleaners keep a clean shop. Yet in recent years, the tidiest of dry cleaners are discovering that their inclination toward older and cleanliness is having a negative impact on their ability to stay in business. Shedding and discarding old business records has long been the way to keep storage areas manageable and office areas functional. However, dry cleaners are finding that certain of the old business records they destroyed are the very documents they now need to keep their doors open.

Continue reading “Finding the Money for Environmental Clean-Ups In Yesterday’s Business Records”

Interview with Steve Henshaw and David O’Neill

U.S. INSURANCE LAW REPORT
David O’Neill & Stephen Henshaw, Edited for continuity and clarity.
Vol. 1, No. 2,Thursday, January 29, 2004

Stephen Henshaw is the founder and President/CEO of EnviroForensics (headquartered in Indianapolis, Indiana), the only environmental consulting firm in the country (to our knowledge) that combines environment investigation/engineering/design expertise with insurance coverage and settlement resolution expertise. It is this latter specialty that interested us the most, as over the years the company has carved a niche for itself in the field of insurance archaeology, especially for small to mid-sized businesses. David O’Neill is the company’s chief insurance archaeologist. O’Neill, an attorney, with an insurance background, and Henshaw, in the following interview, gave us a primer on insurance archaeology. Continue reading “Interview with Steve Henshaw and David O’Neill”

Interview with Steve Henshaw and Dave O’Neill Part 2 of 4

USILR: What is the specialized set of tools that insurance archaeologists use

Interview with Steve Henshaw, P.G., President & CEO, EnviroForensics & PolicyFind, and David O’Neill, Director of Investigations, EnviroForensics and PolicyFind

O’Neill: First and foremost, the insurance archaeologist is a researcher. He must pay attention to detail and have strong perseverance. The insurance archaeologist needs awareness of the history of the insurance market; i.e. Lloyd’s development of the first broad-form third-party excess liability coverage forms, the emergence of the comprehensive general liability (CGL) policy in the American market and the revision of the policy forms by the Insurance Rating Bureau (IRB) and later the Insurance Services Office, Inc. (ISO). Continue reading “Interview with Steve Henshaw and Dave O’Neill Part 2 of 4”