OUT OF THE ORDINARY INSURANCE

TRANSPORTATION POLLUTION LIABILITY INSURANCE

POLLUTION EXPOSURE DOES NOT STAY IN ONE PLACE. SOME OF THE MOST SEVERE ENVIRONMENTAL LOSSES HAPPEN WHILE MATERIALS, WASTE, FUEL, OR CHEMICALS ARE BEING MOVED FROM ONE LOCATION TO ANOTHER — ON PUBLIC ROADS, ACROSS JURISDICTIONS, AND IN FRONT OF EVERYONE.

FIXED SITE VS MOBILE LOSS
FIXED SITE
ONE LOCATION
CONTAINED FOOTPRINT
SINGLE JURISDICTION
KNOWN BOUNDARIES
VS
MOBILE LOSS
PUBLIC ROADS
EXPANDING FOOTPRINT
MULTI-JURISDICTION
UNKNOWN BOUNDARIES
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THE FACT THAT YOU HAVE COMMERCIAL AUTO DOES NOT AUTOMATICALLY MEAN YOU HAVE A STRONG ANSWER TO A POLLUTION LOSS IN TRANSIT. ONCE THE FACT PATTERN INVOLVES A RELEASE, CLEANUP, CONTAMINATION, OR ENVIRONMENTAL DAMAGE THEORY, THE CLAIM CAN BECOME MUCH BIGGER THAN A SIMPLE AUTO LOSS — AND AUTO LIABILITY ALONE MAY NOT RESPOND THE WAY THE CARRIER EXPECTS IT TO.
THIS PAGE IS FOR

SPECIALTY HAULERS, WASTE HAULERS, FUEL HAULERS, HAZMAT TRANSPORT OPERATIONS, ENVIRONMENTAL TRANSPORT CONTRACTORS, TANKER OPERATIONS, TRUCKING COMPANIES MOVING POLLUTION-SENSITIVE MATERIAL, CONTRACTORS WHO TRANSPORT CONTAMINATED OR HAZARDOUS MATERIAL, AND OPERATIONS WITH MOBILE ENVIRONMENTAL EXPOSURE.

WHY MOBILE IS DIFFERENT

A FIXED-SITE ENVIRONMENTAL LOSS IS SERIOUS. A MOBILE ENVIRONMENTAL LOSS CAN BE WORSE. WHEN THE LOSS HAPPENS IN TRANSIT, THE PROBLEM MAY AFFECT ROADWAYS, PUBLIC AREAS, PRIVATE PROPERTY, WATERWAYS, MULTIPLE JURISDICTIONS, AND MULTIPLE THIRD PARTIES ALL AT ONCE — IN A VERY SHORT PERIOD OF TIME.

ITS OWN LANE

TRANSPORTATION POLLUTION LIABILITY IS DIFFERENT FROM FIXED-SITE POLLUTION COVERAGE AND DIFFERENT FROM PURE CONTRACTOR POLLUTION COVERAGE. IT NEEDS ITS OWN LANE, ITS OWN EXPLANATION, AND ITS OWN DECISION PROCESS — NOT JUST AN ASSUMPTION THAT AUTO AND GL WILL COVER IT.

HOW A MOBILE LOSS DEVELOPS

A TRANSPORTATION POLLUTION EVENT — STEP BY STEP

TRANSPORTATION POLLUTION EVENTS DO NOT DEVELOP SLOWLY. CLICK THROUGH THE TIMELINE TO SEE HOW A ROUTINE HAUL CAN BECOME A MULTI-PARTY ENVIRONMENTAL CLAIM IN MINUTES.

1
ROUTINE HAUL
2
THE INCIDENT
3
IMMEDIATE IMPACT
4
CLAIM EXPANSION
5
INSURANCE PROBLEM
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STEP 1 — START

ROUTINE HAUL BEGINS

A TANKER OR CARGO VEHICLE DEPARTS WITH A LOAD OF FUEL, WASTE, CHEMICALS, OR OTHER POLLUTION-SENSITIVE MATERIAL. STANDARD ROUTE. STANDARD PROCEDURES. NOTHING OUT OF THE ORDINARY — AT FIRST.

THE EXPOSURE EXISTS FROM THE MOMENT THE VEHICLE LEAVES THE YARD — NOT JUST WHEN SOMETHING GOES WRONG.
STEP 2 — THE INCIDENT

AN EVENT OCCURS

A COLLISION. A ROLLOVER. A VALVE FAILURE. A LOADING OR UNLOADING INCIDENT. A SLOW LEAK THAT WENT UNNOTICED FOR MILES. THE SPECIFIC TRIGGER CAN VARY — BUT THE RESULT IS A RELEASE OF HAZARDOUS OR POLLUTION-SENSITIVE MATERIAL ON A PUBLIC ROAD OR IN A PUBLIC AREA.

THE RELEASE DOES NOT HAVE TO BE CATASTROPHIC TO TRIGGER ENVIRONMENTAL LIABILITY. EVEN A SMALL SPILL ON A PUBLIC ROADWAY CAN ESCALATE FAST.
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STEP 3 — IMMEDIATE IMPACT

THE RELEASE SPREADS

WITHIN MINUTES OR HOURS, MATERIAL ENTERS STORM DRAINS, ROADSIDE DITCHES, SOIL, OR NEARBY WATERWAYS. NEIGHBORING PROPERTIES, BUSINESSES, OR PUBLIC AREAS ARE AFFECTED. EMERGENCY RESPONDERS ARRIVE. THE INCIDENT AREA EXPANDS.

ONCE THE MATERIAL ENTERS A PUBLIC STORM SYSTEM OR WATERWAY, THE CLEANUP SCOPE AND THE REGULATORY INVOLVEMENT CAN EXPAND DRAMATICALLY — OFTEN WITHIN THE FIRST FEW HOURS.
STEP 4 — CLAIM EXPANSION

MULTIPLE PARTIES ENTER THE PICTURE

PROPERTY OWNERS CLAIM DAMAGE. BUSINESSES CLAIM ECONOMIC LOSS. REGULATORS OPEN INVESTIGATIONS. CLEANUP CONTRACTORS ARE MOBILIZED. MULTIPLE THIRD-PARTY CLAIMS ARE FILED ACROSS DIFFERENT JURISDICTIONS. THE EVENT IS NOW A MULTI-PARTY ENVIRONMENTAL LOSS.

TRANSPORTATION POLLUTION CLAIMS CAN INVOLVE CLAIMS FROM PARTIES THE HAULER HAS NEVER MET — PROPERTY OWNERS BLOCKS AWAY, BUSINESSES WHOSE WATER SUPPLY WAS AFFECTED, OR JURISDICTIONS WITH THEIR OWN CLEANUP AUTHORITY.
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STEP 5 — THE INSURANCE PROBLEM

THE AUTO POLICY GAPS APPEAR

THE HAULER'S COMMERCIAL AUTO POLICY MAY RESPOND TO THE VEHICLE DAMAGE AND SOME PROPERTY DAMAGE — BUT THE CLEANUP COSTS, ENVIRONMENTAL LIABILITY, AND THIRD-PARTY POLLUTION CLAIMS MAY FALL OUTSIDE ITS COVERAGE. WITHOUT TRANSPORTATION POLLUTION LIABILITY, THE GAP IS THE HAULER'S PROBLEM.

THIS IS EXACTLY WHY TRANSPORTATION POLLUTION LIABILITY EXISTS — TO FILL THE GAP BETWEEN WHAT AUTO LIABILITY ADDRESSES AND WHAT A MOBILE ENVIRONMENTAL LOSS ACTUALLY COSTS.
MATERIAL RISK TOOL

WHAT ARE YOU HAULING? SELECT YOUR MATERIAL TYPE.

DIFFERENT MATERIALS CREATE DIFFERENT TRANSPORTATION POLLUTION RISK PROFILES. SELECT THE TYPE OF MATERIAL YOUR OPERATION MOVES TO SEE THE SPECIFIC EXPOSURE PICTURE.

RISK LEVEL: HIGH

FUEL & PETROLEUM TRANSPORT

FUEL AND PETROLEUM PRODUCTS REPRESENT ONE OF THE MOST COMMON AND WELL-RECOGNIZED TRANSPORTATION POLLUTION EXPOSURES. RELEASES FROM TANKERS, FUEL TRUCKS, OR DELIVERY VEHICLES CAN CREATE IMMEDIATE SOIL CONTAMINATION, WATERWAY IMPACT, AND SIGNIFICANT CLEANUP COSTS — OFTEN TRIGGERING STATE AND FEDERAL REGULATORY RESPONSE SIMULTANEOUSLY.

KEY EXPOSURES
TANKER RELEASESOIL CONTAMINATIONWATERWAY IMPACTFEDERAL REGULATORY RESPONSEEMERGENCY CLEANUP COSTSTHIRD-PARTY PROPERTY DAMAGE
FUEL RELEASES ON PUBLIC ROADWAYS ARE AMONG THE HIGHEST-PROFILE TRANSPORTATION POLLUTION EVENTS — WITH IMMEDIATE MEDIA ATTENTION, MULTI-AGENCY RESPONSE, AND SIGNIFICANT THIRD-PARTY CLAIM POTENTIAL.
RISK LEVEL: CRITICAL

WASTE & HAZMAT TRANSPORT

WASTE AND HAZARDOUS MATERIAL TRANSPORT IS ONE OF THE MOST REGULATED AND MOST CLAIM-SENSITIVE TRANSPORTATION CATEGORIES. RELEASES CAN INVOLVE COMPLEX REGULATORY REQUIREMENTS, MULTI-JURISDICTION RESPONSE, AND HIGH CLEANUP COSTS. THE COMBINATION OF WASTE CHARACTERIZATION, MANIFEST REQUIREMENTS, AND ENVIRONMENTAL LIABILITY MAKES THIS ONE OF THE MOST IMPORTANT TRANSPORTATION POLLUTION CONVERSATIONS.

KEY EXPOSURES
HAZMAT RELEASEWASTE DISCHARGEMULTI-JURISDICTION RESPONSEMANIFEST VIOLATIONSCOMPLEX REGULATORY REQUIREMENTSHIGH CLEANUP COSTS
WASTE AND HAZMAT TRANSPORTERS FACE THE INTERSECTION OF DOT REGULATIONS, EPA REQUIREMENTS, STATE ENVIRONMENTAL AGENCY OVERSIGHT, AND THIRD-PARTY LIABILITY ALL AT ONCE — MAKING THIS THE MOST COMPLEX TRANSPORTATION POLLUTION CATEGORY.
RISK LEVEL: CRITICAL

CHEMICAL TRANSPORT

CHEMICAL TRANSPORT CREATES POLLUTION EXPOSURE THAT DEPENDS HEAVILY ON THE SPECIFIC SUBSTANCE BEING MOVED. SOME CHEMICALS CREATE IMMEDIATE HEALTH AND SAFETY HAZARDS FOR NEARBY RESIDENTS AND RESPONDERS. OTHERS CREATE LONG-TERM SOIL AND GROUNDWATER CONTAMINATION. IN EITHER CASE, A RELEASE IN TRANSIT CAN CREATE MASSIVE CLEANUP AND THIRD-PARTY LIABILITY VERY QUICKLY.

KEY EXPOSURES
CHEMICAL RELEASEAIRBORNE EXPOSURE RISKGROUNDWATER CONTAMINATIONEMERGENCY EVACUATION COSTSBODILY INJURY CLAIMSMULTI-AGENCY RESPONSE
CHEMICAL RELEASES CAN CREATE IMMEDIATE PUBLIC SAFETY EVENTS — REQUIRING EVACUATION, SHELTER-IN-PLACE ORDERS, AND EMERGENCY RESPONSE THAT GENERATES COSTS AND LIABILITY FAR BEYOND THE INITIAL INCIDENT.
RISK LEVEL: HIGH

CONTAMINATED MATERIAL TRANSPORT

TRANSPORTING CONTAMINATED SOIL, IMPACTED MATERIAL, OR REMEDIATION WASTE CREATES A DISTINCT TRANSPORTATION POLLUTION EXPOSURE. THE MATERIAL IS ALREADY KNOWN TO BE CONTAMINATED — MEANING ANY RELEASE, SPILL, OR CONTAINMENT FAILURE IN TRANSIT IMMEDIATELY CREATES AN ENVIRONMENTAL INCIDENT INVOLVING KNOWN POLLUTANTS AT AN UNCONTROLLED LOCATION.

KEY EXPOSURES
KNOWN POLLUTANT RELEASEOFF-ROUTE CONTAMINATIONMANIFEST COMPLIANCEDISPOSAL SITE LIABILITYTHIRD-PARTY PROPERTYCLEANUP COSTS
CONTAMINATED MATERIAL TRANSPORT REQUIRES CAREFUL ATTENTION TO MANIFEST REQUIREMENTS, APPROVED HAUL ROUTES, CONTAINMENT, AND DISPOSAL AUTHORIZATION — EACH OF WHICH CAN BECOME A LIABILITY ISSUE IF NOT PROPERLY MANAGED.
RISK LEVEL: MODERATE

GENERAL OR MIXED TRANSPORT

GENERAL HAULERS AND MIXED-CARGO OPERATIONS MAY NOT THINK OF THEMSELVES AS BEING IN A HIGH-RISK CATEGORY — BUT EVEN ORDINARY CARGO CAN CREATE POLLUTION EXPOSURE DEPENDING ON WHAT IS MIXED IN A LOAD, WHAT RESIDUE EXISTS IN CONTAINERS, OR WHAT LIQUIDS ARE INVOLVED IN THE TRANSPORT. THE RISK MAY BE LOWER, BUT IT IS NOT ZERO.

KEY EXPOSURES
MIXED CARGO SPILLCONTAINER RESIDUE RELEASEFLUID LEAKS IN TRANSITLOADING / UNLOADING INCIDENTSTHIRD-PARTY PROPERTY DAMAGE
EVEN GENERAL HAULERS SHOULD REVIEW WHETHER THEIR CURRENT PROGRAM ADEQUATELY ADDRESSES A POLLUTION COMPONENT TO A CARGO LOSS — PARTICULARLY IF ANY PART OF THEIR LOAD COULD TRIGGER AN ENVIRONMENTAL DAMAGE THEORY.
WHY AUTO ISN'T THE WHOLE ANSWER

WHAT COMMERCIAL AUTO COVERS VS WHAT TRANSPORTATION POLLUTION LIABILITY COVERS

THESE ARE TWO DIFFERENT DISCUSSIONS. UNDERSTANDING WHERE ONE ENDS AND THE OTHER BEGINS IS WHERE MANY HAULERS GET SURPRISED.

COMMERCIAL AUTO TYPICALLY ADDRESSES
VEHICLE PHYSICAL DAMAGE
COLLISION-RELATED BODILY INJURY
BASIC THIRD-PARTY PROPERTY DAMAGE
CARGO LOSS (WITH CARGO COVERAGE)
ENVIRONMENTAL CLEANUP COSTS
THIRD-PARTY POLLUTION CLAIMS
WATERWAY OR SOIL CONTAMINATION
REGULATORY RESPONSE COSTS
LOADING / UNLOADING POLLUTION EVENTS
MULTI-JURISDICTION POLLUTION LIABILITY
GAP
TRANSPORTATION POLLUTION LIABILITY ADDRESSES
NOT THE VEHICLE ITSELF
NOT AUTO COLLISION CLAIMS
NOT STANDARD CARGO COVERAGE
NOT GENERAL LIABILITY
ENVIRONMENTAL CLEANUP COSTS
THIRD-PARTY POLLUTION CLAIMS
WATERWAY AND SOIL CONTAMINATION
REGULATORY RESPONSE COSTS
LOADING / UNLOADING POLLUTION EVENTS
MULTI-JURISDICTION POLLUTION LIABILITY
COMMON EXPOSURES

TRANSPORTATION POLLUTION EXPOSURES THAT MATTER

THESE ARE THE SPECIFIC EVENTS AND CONDITIONS THAT CREATE POLLUTION LIABILITY FOR TRANSPORTATION OPERATIONS — FROM THE MOMENT MATERIAL IS LOADED TO THE MOMENT IT IS DELIVERED.

CRITICAL
SPILLS DURING TRANSPORT
CRITICAL
RELEASES AFTER A VEHICLE ACCIDENT
CRITICAL
ROADWAY OR PUBLIC AREA CONTAMINATION
HIGH
LEAKS FROM TANKS OR CONTAINERS
HIGH
LOADING AND UNLOADING INCIDENTS
HIGH
MIGRATION INTO SOIL OR WATER
HIGH
WASTE OR CHEMICAL RELEASE
BASE
EMERGENCY RESPONSE COSTS
BASE
THIRD-PARTY PROPERTY DAMAGE
BASE
THIRD-PARTY BODILY INJURY
BASE
REGULATORY ATTENTION & DEFENSE COSTS
BASE
MULTI-JURISDICTION CLAIMS
FAQS

COMMON QUESTIONS — TRANSPORTATION POLLUTION LIABILITY INSURANCE

WHAT IS TRANSPORTATION POLLUTION LIABILITY INSURANCE?
IT IS ENVIRONMENTAL LIABILITY INSURANCE DESIGNED FOR POLLUTION EXPOSURE ARISING OUT OF THE TRANSPORT OF MATERIALS, WASTE, FUEL, CHEMICALS, OR OTHER SUBSTANCES THAT CAN CREATE A CLEANUP OR LIABILITY EVENT. IT IS FOCUSED ON MOBILE EXPOSURE — NOT FIXED-SITE OR CONTRACTOR-BASED POLLUTION — AND ADDRESSES THE SPECIFIC RISKS OF A LOSS HAPPENING IN TRANSIT.
WHO NEEDS THIS TYPE OF COVERAGE?
HAULERS, TANKER OPERATIONS, WASTE TRANSPORTERS, FUEL HAULERS, HAZMAT OPERATIONS, AND OTHER BUSINESSES WITH MOBILE POLLUTION EXPOSURE. ANY OPERATION THAT MOVES MATERIALS WHERE A RELEASE, SPILL, OR DISCHARGE COULD CREATE CLEANUP COSTS, THIRD-PARTY LIABILITY, OR REGULATORY ISSUES SHOULD REVIEW THIS COVERAGE.
IS COMMERCIAL AUTO ENOUGH?
NOT ALWAYS. COMMERCIAL AUTO AND TRANSPORTATION POLLUTION LIABILITY ARE NOT THE SAME DISCUSSION. AUTO LIABILITY TYPICALLY ADDRESSES VEHICLE DAMAGE AND COLLISION-RELATED CLAIMS. ONCE THE FACT PATTERN INVOLVES A POLLUTION RELEASE, ENVIRONMENTAL CLEANUP, OR CONTAMINATION THEORY, AUTO LIABILITY ALONE MAY NOT RESPOND — AND THE GAP CAN BE SIGNIFICANT.
WHEN DOES THIS BECOME IMPORTANT?
WHEN A RELEASE, SPILL, OR DISCHARGE CAN HAPPEN IN TRANSIT, DURING LOADING OR UNLOADING, OR AFTER AN ACCIDENT. TRANSPORTATION POLLUTION LIABILITY IS RELEVANT ANY TIME THE MATERIAL BEING HAULED COULD CREATE AN ENVIRONMENTAL INCIDENT IF IT ESCAPED CONTAINMENT ON A PUBLIC ROAD OR IN A PUBLIC AREA.
WHY IS THIS DIFFERENT FROM FIXED-SITE POLLUTION COVERAGE?
BECAUSE THE LOSS IS MOBILE, CAN INVOLVE PUBLIC ROADWAYS OR MULTIPLE PROPERTIES, AND OFTEN DEVELOPS FAST. FIXED-SITE COVERAGE IS TIED TO A SCHEDULED LOCATION. TRANSPORTATION POLLUTION LIABILITY FOLLOWS THE VEHICLE AND ITS CARGO — ADDRESSING THE EXPOSURE WHEREVER THE LOSS HAPPENS TO OCCUR.
CONTACT KELLY INSURANCE GROUP

REQUEST HELP WITH TRANSPORTATION POLLUTION LIABILITY INSURANCE

USE THE FORM BELOW IF YOU WANT TO DISCUSS TRANSPORTATION POLLUTION LIABILITY, A SPECIFIC MATERIAL OR HAULING OPERATION, A CONTRACT REQUIREMENT, OR A GAP IN YOUR CURRENT PROGRAM. IF YOU WOULD RATHER TALK IMMEDIATELY, CALL / TEXT (412) 212-2800.