OUT OF THE ORDINARY INSURANCE

ENVIRONMENTAL INSURANCE FOR UTILITY & INFRASTRUCTURE CONTRACTORS

UTILITY AND INFRASTRUCTURE CONTRACTORS WORK WHERE ENVIRONMENTAL RISK IS BUILT INTO THE NATURE OF THE JOB. UNDERGROUND, AROUND CRITICAL SYSTEMS, NEAR FUEL OR FLUID LINES — WHERE ONE FAILURE CAN CREATE WIDESPREAD DAMAGE, CLEANUP COSTS, AND MULTI-PARTY LIABILITY.

SYSTEMS THESE CONTRACTORS TOUCH
UNDERGROUND UTILITIES
PIPELINES
DRAINAGE SYSTEMS
WATER & SEWER
FUEL & CHEMICAL LINES
STORMWATER SYSTEMS
PUBLIC INFRASTRUCTURE
!
ONE EVENT CAN SPREAD ACROSS MULTIPLE PROPERTIES, IMPACT PUBLIC SYSTEMS, AFFECT OTHER CONTRACTORS, AND CREATE HIGHER REGULATORY ATTENTION THAN A TYPICAL PRIVATE JOBSITE LOSS. UTILITY AND INFRASTRUCTURE LOSSES DO NOT ALWAYS STAY SMALL. THAT IS WHY THESE CONTRACTORS NEED TO THINK ABOUT ENVIRONMENTAL LIABILITY IN A MORE ADVANCED WAY THAN MOST OTHER CONTRACTING CLASSES.
THIS PAGE IS FOR

UTILITY CONTRACTORS, UNDERGROUND CONTRACTORS, PIPELINE CONTRACTORS, WATER AND SEWER CONTRACTORS, INFRASTRUCTURE CONSTRUCTION FIRMS, PUBLIC WORKS CONTRACTORS, HEAVY CIVIL CONTRACTORS WITH UTILITY EXPOSURE, SITEWORK OPERATIONS ON CRITICAL SYSTEMS, AND STORMWATER INFRASTRUCTURE CONTRACTORS.

THE CORE DISTINCTION

UTILITY AND INFRASTRUCTURE CONTRACTORS BELONG IN THEIR OWN LANE INSIDE THE ENVIRONMENTAL INSURANCE HUB. THEIR EXPOSURE IS HEAVIER, MORE COMPLEX, AND OFTEN MORE PUBLIC-FACING THAN MANY OTHER CONTRACTING CLASSES. THESE CONTRACTORS DO NOT JUST BUILD — THEY INTERACT WITH CRITICAL SYSTEMS.

GL IS NOT ENOUGH

MANY UTILITY AND INFRASTRUCTURE FIRMS CARRY STRONG CORE INSURANCE PROGRAMS AND STILL HAVE A WEAK ENVIRONMENTAL POSITION. A LOSS INVOLVING A RELEASE, WASTEWATER EVENT, FUEL ISSUE, OR MIGRATION OF POLLUTANTS MAY NOT BE TREATED THE WAY THE CONTRACTOR EXPECTS UNDER ORDINARY LIABILITY THINKING.

INTERACTIVE RISK MAP

COMMON ENVIRONMENTAL RISKS — SELECT TO EXPLORE

CLICK ANY RISK BELOW TO SEE WHAT MAKES IT SIGNIFICANT FOR UTILITY AND INFRASTRUCTURE CONTRACTORS SPECIFICALLY.

HIGH SEVERITY

PIPELINE RELEASE

A PIPELINE DAMAGE EVENT — WHETHER FROM A STRIKE, FAILURE, OR CONNECTION ISSUE — CAN RELEASE FUEL, CHEMICALS, OR HAZARDOUS FLUIDS INTO SOIL, GROUNDWATER, OR SURFACE AREAS. THE CLEANUP AND LIABILITY COSTS CAN BE SUBSTANTIAL, AND REGULATORY INVOLVEMENT IS OFTEN IMMEDIATE.

HIGH CLEANUP COST POTENTIAL
HIGH REGULATORY ATTENTION
MID THIRD-PARTY PROPERTY DAMAGE
HIGH DEFENSE COST EXPOSURE
WHY GL MAY NOT COVER THIS
FUEL AND CHEMICAL RELEASES FROM PIPELINES ALMOST ALWAYS TRIGGER POLLUTION EXCLUSION LANGUAGE IN STANDARD GL POLICIES. THE CONTAMINATION IS THE CLAIM — AND THE CONTAMINATION IS EXACTLY WHAT THE EXCLUSION TARGETS.
WHAT CPL ADDRESSES
CLEANUP COSTSTHIRD-PARTY LIABILITYDEFENSE COSTSREGULATORY RESPONSE
HIGH SEVERITY

SEWER OR WASTEWATER EVENT

WORK ON SEWER LINES, WASTEWATER SYSTEMS, OR RELATED INFRASTRUCTURE CAN CREATE BACKUPS, RELEASES, OR CONTAMINATION EVENTS THAT AFFECT PRIVATE PROPERTY, PUBLIC RIGHTS-OF-WAY, AND DOWNSTREAM SYSTEMS. THESE CLAIMS OFTEN EXPAND QUICKLY.

HIGH MULTI-PROPERTY IMPACT
MID REGULATORY SCRUTINY
HIGH BIOLOGICAL CONTAMINATION THEORY
MID DEFENSE COST EXPOSURE
WHY GL MAY NOT COVER THIS
SEWAGE AND WASTEWATER EVENTS FREQUENTLY CARRY BIOLOGICAL CONTAMINATION THEORIES THAT INVOKE GL POLLUTION EXCLUSIONS. THE ARGUMENT IS NOT ALWAYS OBVIOUS UPFRONT — BUT IT OFTEN SURFACES IN CLAIM DISPUTES.
WHAT CPL ADDRESSES
SEWAGE BACKUPCONTAMINATION CLAIMSTHIRD-PARTY DAMAGEDEFENSE COSTS
SIGNIFICANT

STORMWATER FAILURE

STORMWATER INFRASTRUCTURE WORK — OR FAILURES CAUSED BY SITE DISRUPTION — CAN LEAD TO FLOODING, SEDIMENT MIGRATION, RUNOFF INTO SENSITIVE AREAS, OR DAMAGE TO DOWNSTREAM PROPERTIES AND WATER SYSTEMS. REGULATORY STANDARDS FOR STORMWATER ARE STRICT.

MID CLEANUP COST POTENTIAL
HIGH REGULATORY STANDARDS
MID DOWNSTREAM PROPERTY IMPACT
BASE THIRD-PARTY CLAIMS
WHY GL MAY NOT COVER THIS
STORMWATER EVENTS OFTEN INVOLVE SEDIMENT AND MATERIAL MIGRATION THAT CAN BE CHARACTERIZED AS A POLLUTION CONDITION. REGULATORY ENFORCEMENT IS ACTIVE IN THIS SPACE AND CLAIMS CAN COME FROM MULTIPLE DIRECTIONS.
WHAT CPL ADDRESSES
RUNOFF CLAIMSSEDIMENT MIGRATIONREGULATORY RESPONSEDOWNSTREAM DAMAGE
HIGH SEVERITY

UNDERGROUND UTILITY STRIKE

STRIKING AN UNDERGROUND UTILITY — ESPECIALLY ONE CONTAINING FUEL, CHEMICALS, OR CONTAMINANTS — CAN INSTANTLY TRANSFORM A PROPERTY DAMAGE INCIDENT INTO A FULL POLLUTION EVENT WITH THIRD-PARTY CONSEQUENCES, SERVICE INTERRUPTIONS, AND REGULATORY NOTIFICATION REQUIREMENTS.

HIGH IMMEDIATE ESCALATION RISK
HIGH SERVICE DISRUPTION CONSEQUENCES
MID CLEANUP COST POTENTIAL
HIGH MULTI-PARTY LIABILITY
WHY GL MAY NOT COVER THIS
IF THE STRUCK LINE CONTAINS FUEL OR CHEMICAL MATERIAL, THE CLAIM SHIFTS INTO POLLUTION LIABILITY TERRITORY IMMEDIATELY. GL POLLUTION EXCLUSIONS APPLY — AND THE DAMAGE MAY ALSO INVOLVE SERVICE DISRUPTION CLAIMS FROM MULTIPLE DOWNSTREAM PARTIES.
WHAT CPL ADDRESSES
RELEASE CLAIMSCONTAMINATION COSTSTHIRD-PARTY LIABILITYDEFENSE COSTS
SIGNIFICANT

RUNOFF & SEDIMENT MIGRATION

LARGE-FOOTPRINT INFRASTRUCTURE PROJECTS DISTURB SIGNIFICANT AMOUNTS OF SOIL AND GROUND COVER. RUNOFF AND SEDIMENT MIGRATION CAN AFFECT NEIGHBORING PROPERTIES, WATER SYSTEMS, AND ENVIRONMENTALLY SENSITIVE AREAS — ESPECIALLY ON PUBLIC RIGHTS-OF-WAY AND CORRIDORS.

MID PROPERTY DAMAGE CLAIMS
MID ENVIRONMENTAL AGENCY INTEREST
BASE CLEANUP COST POTENTIAL
MID THIRD-PARTY CLAIMS
WHY GL MAY NOT COVER THIS
SEDIMENT AND MATERIAL MIGRATION IS FREQUENTLY CHARACTERIZED AS A POLLUTION CONDITION. GL POLLUTION EXCLUSIONS ARE BROAD — AND PLAINTIFFS' ATTORNEYS KNOW HOW TO FRAME RUNOFF EVENTS TO INVOKE THEM AGAINST STANDARD POLICIES.
WHAT CPL ADDRESSES
SEDIMENT CLAIMSRUNOFF EVENTSTHIRD-PARTY PROPERTYDEFENSE COSTS
COMPLEX

CONTAMINATED RIGHTS-OF-WAY

UTILITY AND INFRASTRUCTURE WORK FREQUENTLY TAKES PLACE ON INDUSTRIAL CORRIDORS, FORMER RAIL LINES, OR RIGHTS-OF-WAY WITH UNKNOWN SUBSURFACE HISTORY. DISTURBING EXISTING CONTAMINATION — EVEN INADVERTENTLY — CAN MAKE THE CONTRACTOR RESPONSIBLE FOR WORSENING A CONDITION THEY DID NOT CREATE.

HIGH PRE-EXISTING CONDITION RISK
HIGH DISCOVERY EXPOSURE
MID REGULATORY INVOLVEMENT
HIGH CLEANUP COST POTENTIAL
WHY GL MAY NOT COVER THIS
PRE-EXISTING CONTAMINATION DISTURBANCE CREATES A COMPLEX COVERAGE QUESTION. GL MAY NOT RESPOND TO THE CLEANUP COSTS, AND THE CONTRACTOR MAY FACE LIABILITY FOR MIGRATING OR WORSENING CONDITIONS THAT WERE PRESENT BEFORE THEY ARRIVED.
WHAT CPL ADDRESSES
PRE-EXISTING CONDITIONSCLEANUP COSTSMIGRATION LIABILITYDEFENSE COSTS
WHY THE RISK IS BIGGER

FOUR REASONS UTILITY & INFRASTRUCTURE EXPOSURE IS A DIFFERENT LEVEL

THIS IS NOT JUST SCALE. IT IS THE NATURE OF WHAT THESE CONTRACTORS TOUCH AND WHO GETS AFFECTED WHEN SOMETHING GOES WRONG.

01

CRITICAL SYSTEMS

THESE CONTRACTORS WORK ON SYSTEMS THAT SERVE ENTIRE COMMUNITIES — WATER, SEWER, POWER, GAS, TELECOMMUNICATIONS. A FAILURE IS NOT JUST A JOBSITE PROBLEM.

02

LARGER PROJECT FOOTPRINTS

INFRASTRUCTURE PROJECTS SPAN LONG DISTANCES AND MULTIPLE PROPERTIES. A RELEASE OR MIGRATION EVENT CAN AFFECT A WIDE GEOGRAPHIC AREA BEFORE IT IS EVEN IDENTIFIED.

03

PUBLIC INTEREST & SCRUTINY

PUBLIC INFRASTRUCTURE WORK DRAWS REGULATORY AND PUBLIC ATTENTION THAT PRIVATE JOBSITE LOSSES DO NOT. THAT MEANS FASTER AGENCY INVOLVEMENT AND HIGHER POLITICAL PRESSURE TO ACT.

04

MULTI-PARTY ENVIRONMENTS

INFRASTRUCTURE PROJECTS OFTEN HAVE MULTIPLE CONTRACTORS, SUBCONTRACTORS, OWNERS, AND AGENCIES ON THE SAME JOB. A SINGLE ENVIRONMENTAL EVENT CAN CREATE MULTI-PARTY CLAIMS AND CROSS-LITIGATION.

SCENARIO TOOL

WHEN DO UTILITY CONTRACTORS START REVIEWING THIS COVERAGE?

SELECT YOUR SITUATION AND SEE WHAT TYPICALLY DRIVES UTILITY AND INFRASTRUCTURE CONTRACTORS INTO THE ENVIRONMENTAL INSURANCE CONVERSATION.

📋

A LARGE OWNER OR MUNICIPALITY REQUIRES IT

THIS IS THE MOST COMMON ENTRY POINT. PUBLIC WORKS OWNERS, MUNICIPALITIES, TRANSPORTATION AGENCIES, AND LARGE PRIVATE OWNERS ARE INCREASINGLY REQUIRING CONTRACTORS POLLUTION LIABILITY AS A CONDITION OF BEING AWARDED UTILITY AND INFRASTRUCTURE WORK.

THE CONTRACTOR WHO IS NOT ALREADY CARRYING CPL OFTEN HAS TO RUSH TO GET IT — AND SOMETIMES LOSES THE BID WINDOW WHILE DOING SO.
📈

THE CONTRACTOR IS MOVING INTO BIGGER INFRASTRUCTURE WORK

AS PROJECT SCOPE GROWS — LONGER PIPELINES, LARGER UTILITY CORRIDORS, MORE COMPLEX MUNICIPAL CONTRACTS — THE ENVIRONMENTAL EXPOSURE GROWS WITH IT. WHAT WAS MANAGEABLE ON SMALLER JOBS BECOMES A MUCH MORE SERIOUS RISK QUESTION AT SCALE.

THIS IS THE MOMENT WHEN THE CONTRACTOR'S CURRENT INSURANCE PROGRAM STOPS BEING ADEQUATE FOR THE WORK THEY ARE NOW DOING.

THE OPERATION TAKES ON PIPELINE OR FUEL-RELATED PROJECTS

PIPELINE WORK AND PROJECTS INVOLVING FUEL INFRASTRUCTURE ARE AMONG THE MOST OBVIOUS ENVIRONMENTAL LIABILITY CATEGORIES IN CONTRACTING. ANY CONTRACTOR WHO MOVES INTO THIS SPACE — EVEN OCCASIONALLY — NEEDS TO HAVE THE CPL CONVERSATION BEFORE THEY START, NOT AFTER.

FUEL AND PIPELINE RELEASES ARE AMONG THE HIGHEST-SEVERITY CONTRACTOR POLLUTION CLAIMS IN TERMS OF CLEANUP COST AND REGULATORY INVOLVEMENT.

A LOSS OR NEAR MISS HAS EXPOSED THE GAP

THIS IS THE HARDEST WAY TO LEARN. AN EVENT OCCURS — A PIPELINE STRIKE, A RUNOFF CLAIM, A WASTEWATER BACKUP — AND THE CONTRACTOR DISCOVERS DURING THE CLAIM PROCESS THAT THEIR LIABILITY PROGRAM DOES NOT RESPOND THE WAY THEY EXPECTED IT TO.

THE TIME TO FIX AN ENVIRONMENTAL INSURANCE GAP IS BEFORE THE CLAIM. AFTER THE CLAIM, THE GAP IS ALREADY THE PROBLEM.
🔍

A LEGAL, RISK, OR BROKER REVIEW SURFACES THE ISSUE

SOMETIMES THE CONTRACTOR IS NOT PROMPTED BY A CLAIM OR A CONTRACT — THEY ARE PROMPTED BY A PROFESSIONAL REVIEW THAT IDENTIFIES THE ENVIRONMENTAL GAP PROACTIVELY. THIS IS THE BEST-CASE SCENARIO AND THE RAREST ONE.

IF A BROKER, ATTORNEY, OR RISK MANAGER IS RAISING THIS ISSUE, IT IS WORTH TAKING SERIOUSLY. THEY ARE SEEING SOMETHING IN THE PROGRAM THAT THE CONTRACTOR HAS BEEN OVERLOOKING.
WHAT CAN GO WRONG

CLAIM TYPES UTILITY & INFRASTRUCTURE CONTRACTORS FACE

THESE ARE THE REALISTIC LOSS SCENARIOS THAT MOVE UTILITY AND INFRASTRUCTURE CLAIMS INTO ENVIRONMENTAL LIABILITY TERRITORY.

01

PIPELINE DAMAGE

DAMAGE TO FUEL, CHEMICAL, OR HAZARDOUS MATERIAL LINES DURING EXCAVATION OR INSTALLATION WORK CREATES IMMEDIATE POLLUTION LIABILITY EXPOSURE.

02

FUEL OR CHEMICAL RELEASE

EQUIPMENT LEAKS, SPILLS, OR SYSTEM FAILURES CAN CREATE CONTAMINATION EVENTS ON LARGE PROJECT FOOTPRINTS THAT ARE DIFFICULT TO CONTAIN AND COSTLY TO REMEDIATE.

03

SEWER OR WASTEWATER EVENT

WASTEWATER BACKUPS, OVERFLOWS, OR SYSTEM FAILURES AFFECTING MULTIPLE PROPERTIES OR PUBLIC RIGHTS-OF-WAY CREATE BROAD THIRD-PARTY EXPOSURE.

04

CONTAMINATION MIGRATION

DISTURBED SUBSURFACE CONDITIONS OR RELEASED MATERIALS THAT MIGRATE OFF-SITE CREATE LIABILITY THAT CAN EXTEND FAR BEYOND THE ORIGINAL WORK ZONE.

05

REGULATORY ATTENTION

INFRASTRUCTURE EVENTS ON PUBLIC RIGHTS-OF-WAY OR IN SENSITIVE AREAS DRAW ENVIRONMENTAL AGENCY INVOLVEMENT QUICKLY — ADDING INVESTIGATION AND COMPLIANCE COSTS ON TOP OF THE UNDERLYING LOSS.

06

PROJECT DELAY & CONTRACTUAL DISPUTE

AN ENVIRONMENTAL EVENT THAT SHUTS DOWN A PROJECT CAN CREATE CONTRACTUAL EXPOSURE AND DOWNSTREAM CONSEQUENCES ACROSS MULTIPLE PARTIES ON THE SAME JOB.

FAQS

COMMON QUESTIONS — UTILITY & INFRASTRUCTURE ENVIRONMENTAL INSURANCE

WHY DO UTILITY CONTRACTORS NEED ENVIRONMENTAL INSURANCE?
BECAUSE THEIR WORK OFTEN INVOLVES UNDERGROUND SYSTEMS, PIPELINES, SEWER, WATER, FUEL, AND OTHER CRITICAL INFRASTRUCTURE THAT CAN CREATE MAJOR ENVIRONMENTAL LIABILITY IF SOMETHING GOES WRONG. THE LOSSES CAN AFFECT MULTIPLE PARTIES, CROSS PROPERTY LINES, AND DRAW REGULATORY ATTENTION IN WAYS THAT PRIVATE JOBSITE LOSSES TYPICALLY DO NOT.
IS THIS JUST FOR PIPELINE CONTRACTORS?
NO. PIPELINE WORK IS AN OBVIOUS EXAMPLE, BUT WATER, SEWER, STORMWATER, PUBLIC WORKS, AND OTHER INFRASTRUCTURE OPERATIONS CAN ALL HAVE SERIOUS ENVIRONMENTAL EXPOSURE. THE COMMON THREAD IS WORKING ON CRITICAL SYSTEMS WITH SIGNIFICANT DOWNSTREAM CONSEQUENCES IF SOMETHING GOES WRONG.
WHY IS THE RISK HIGHER FOR INFRASTRUCTURE FIRMS?
BECAUSE THE WORK OFTEN TOUCHES CRITICAL SYSTEMS ACROSS LARGER PROJECT FOOTPRINTS IN PUBLIC INTEREST AREAS WITH MULTI-PARTY PROJECT ENVIRONMENTS. A SINGLE ENVIRONMENTAL EVENT CAN SPREAD ACROSS MULTIPLE PROPERTIES, AFFECT PUBLIC SYSTEMS, AND CREATE REGULATORY SCRUTINY THAT PRIVATE JOBSITE LOSSES DO NOT GENERATE.
IS THIS THE SAME AS CPL?
THIS PAGE IS THE INDUSTRY-SPECIFIC TRADE PAGE FOR UTILITY AND INFRASTRUCTURE CONTRACTORS. CPL — CONTRACTORS POLLUTION LIABILITY — IS THE CORE PRODUCT DISCUSSION MOST OF THESE CONTRACTORS SHOULD REVIEW AS WELL. THE CPL PAGE EXPLAINS WHAT THE COVERAGE DOES AND HOW IT IS STRUCTURED.
WHEN SHOULD A UTILITY OR INFRASTRUCTURE CONTRACTOR REVIEW THIS COVERAGE?
BEFORE TAKING ON MORE COMPLEX WORK, BEFORE A PROJECT REQUIRES IT, AND BEFORE A HIGH-SEVERITY EVENT EXPOSES A MAJOR GAP. THOSE THREE MOMENTS ARE WHEN MOST UTILITY AND INFRASTRUCTURE CONTRACTORS WISH THEY HAD ALREADY HAD THE ENVIRONMENTAL INSURANCE CONVERSATION.
CONTACT KELLY INSURANCE GROUP

REQUEST HELP WITH UTILITY & INFRASTRUCTURE ENVIRONMENTAL INSURANCE

USE THE FORM BELOW IF YOU WANT TO DISCUSS ENVIRONMENTAL INSURANCE FOR UTILITY OR INFRASTRUCTURE CONTRACTING, A SPECIFIC PIPELINE OR SYSTEM EXPOSURE, A CONTRACT REQUIREMENT, OR A GAP IN YOUR CURRENT PROGRAM. IF YOU WOULD RATHER TALK IMMEDIATELY, CALL / TEXT (412) 212-2800.