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3 Things Contractors Can Do to Help Protect Themselves from Pollution and Professional Liability Risks

Pollution and professional liability exposures can run the gamut for contractors. Luckily, there are several steps these professionals can take to help get ahead of the risks and keep themselves whole.
By: | August 21, 2024

When it comes to pollution and professional liability risks, the landscape is often evolving, this can be especially true for contractors who are working different jobsites with different needs.

For an excavation crew or a site prep contractor, digging underground can uncover chemicals and other pollutive materials, leading to a possible environmental liability event. Then there’s the possible event of mold discovery, which could lead to a pollution liability claim. Large contracting equipment could be cited for carbon monoxide release — yet another possible pollution incident contractors should be aware of.

Further, professional exposures are not limited to design professionals; contractors making field changes or providing value engineering may have a stake in the build. But that can also mean liability exposure should something go awry.

General liability policies often have exclusions that could apply to the above examples. So, what are contractors to do to protect against pollution and other professional liability claims?

“The definition of ‘pollutant’ can be very broad and all-encompassing. Likewise with professional liability,” said Dennis Willette, senior vice president, head of environmental at Westfield Specialty. “Contractors often don’t think they have a pollution or professional exposure either, which is why it is so important that they understand their unique risks and get the right coverage in place.”

Here are three steps contractors can take to help get ahead of pollution and professional liability risk, and how a good insurance carrier can help make a difference.

1) Educate Your Team on the Exposures

Dennis Willette, Senior Vice President, Head of Environmental, Westfield Specialty

As Willette mentioned, not all contractors realize that they even have pollution and professional liability exposures. The first thing for contractors to do, then, is to get educated on their specific risks.

“You can’t craft the right coverage until you fully understand where your exposure points are,” Willette said. “’Pollution’ is often a broad term. It can include mold, bacteria, chemicals and more. Likewise, ‘professional service’ can encompass a
number of services provided by the contractor.”

He also noted that professional liability risks are not limited to design professionals: “What contractors need to be aware of is the fact that their day-to-day operations could qualify as a professional service,” he explained. “Meaning, if you’re a trade contractor, like a plumber, and you make a field change to a design, that may expose the plumber to professional liability.”

Each jobsite is unique, and what each contractor offers can differ from one project to the next. To fully grasp pollution and professional liability exposures, contractors must know the scope of the project and review their GL policy to see where any coverage gaps may exist.

2) Pay Attention to the Contract’s Fine Print

Once contractors understand their unique pollution and professional liability exposures, they will want to really dig into their contracts to understand what exposures should be included on their policies. This can be an involved process, Willette said, so it’s important to look at the fine print.

“When a subcontractor is reviewing their contract, they’ll want to understand the scope of their work and whether it includes design, delegated design or other professional liability exposures,” he said. “If something is left out and the contractor ends up providing a service outside of the contractual scope of work, they may or may not have coverage should an incident occur,” he continued to explain.

“Then, for a general contractor or construction manager, it can get a little more complex, because they are signing contracts with owners and their subcontractors. So, they will want to pay attention to the liability they are taking on in their contract and the liability they want to pass on to their subcontractors.”

Reviewing whether there is a limitation of liability provision within the contract is a good place to start to understand who is responsible for what, and for how much, should an incident occur. This contractual element can significantly alter the way an insurance policy is crafted, so it should be fully understood and evaluated.

3) Partner with an Insurer that Gets It

Finally, and perhaps most importantly, contractors should look for an insurance carrier that strives to keep pace with the ever-changing environmental and professional liability landscape.

The right insurer — one that is knowledgeable, responsive, and detailed — will be able to provide additional support as a contractor is educated on their exposures, as well as provide resources and a policy best suited to the contractor’s needs.

“Pollution and professional liability risks are nuanced; therefore, coverage should meet the contractor where they are,” Willette said.

Additionally, a good insurance company is going to understand that the relationship with a contractor goes beyond a piece of paper. The carrier should help contractors understand their contractual obligations and ensure they are positioned to make informed decisions about the liability coverages they want and/or need. If a claim does come to fruition, contractors will want an experienced underwriting and claims team behind them.

“The insurer should be experienced and able to respond quickly, minimizing the stress of a claim and getting the contractor on the right path,” said Willette.

How Westfield Specialty Keeps Contractors Thriving

One thing is clear: When it comes to pollution and professional liability exposures, contractors are best served when they’re ahead of the risks. Westfield Specialty is one insurance company that sees this and works to support contractors as they navigate pollution and professional liability.

“When you look at the marketplace, often we see insurance carriers that are focused on one aspect, environmental liability, and maybe they’ll have a basic understanding of professional liability. Or vice versa. Westfield Specialty has true expertise on both sides,” Willette said.

This detailed understanding of both enables Westfield Specialty to produce a product designed to help bring contractors best-in-class comprehensive coverage.

“We’re lucky as a carrier to work with experienced and knowledgeable specialist brokers. We leverage that knowledge so that we may structure coverage to help protect our Insureds,” said Willette.

Likewise, “We have a team of underwriters and claims professionals that work collaboratively. Claims provides their perspective during the underwriting process, and should an event occur, claims understands the intent of the underwriters,” Willette added.

This level of detail enables contractors to better understand what is covered. They can also rest assured that the Westfield Specialty team will respond quickly, because their claims handlers are in-house and knowledgeable about the policy well before an incident occurs.

No matter the job, Westfield Specialty works to keep contractors ahead of pollution and professional liability exposures: “Our policy form enhancements are built to absorb changes in this ever-evolving marketplace,” Willette said. “We want our contractor clients to be assured that they’ve got a strong program in place with a reliable insurer that’s going to strive to give them the best-in-class coverage.”

To learn more, visit: https://www.westfieldinsurance.com/-/media/files/westfield-specialty/ws-85-environmental_sales-sheet-0523.pdf.

The information contained herein is provided as a general overview of potential coverages to consider in connection with the purchase of insurance. Please consult an experienced insurance agent or broker to help ensure that you obtain the coverage(s) you need.

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This article was produced by the R&I Brand Studio, a unit of the advertising department of Risk & Insurance, in collaboration with Westfield Specialty. The editorial staff of Risk & Insurance had no role in its preparation.

For 175 years, Westfield Specialty has provided a customer-centric approach to insurance, delivering value beyond the insurance policy. Through building strong relationships and focusing on financial stability, we have grown to over $2.5 billion in direct written premium. Westfield is a leading personal and commercial lines property-casualty insurance company enabled by an exceptional team known for expertise and caring. We are distinguished by excellence in commercial insurance, and customers choose us for our insight about risk and the value we deliver.

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