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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

The information contained herein is intended for informational purposes only. It’s is neither an offer to sell nor a solicitation to purchase any particular insurance product. Insurance coverage in any particular case will depend upon the type of policy in effect, the terms, conditions and exclusions in any such policy, and the facts of each unique situation. No representation is made that any specific insurance coverage would apply in the circumstances outlined herein. Please refer to the individual policy forms for specific coverage details. AXA XL is a division of AXA Group providing products and services through four business groups: AXA XL Insurance, AXA XL Reinsurance, AXA XL Art & Lifestyle and AXA XL Risk Consulting. In the US, the AXA XL insurance companies are: AXA Insurance Company, Catlin Insurance Company, Inc., Greenwich Insurance Company, Indian Harbor Insurance Company, XL Insurance America, Inc., XL Specialty Insurance Company and T.H.E. Insurance Company. In Canada, coverages are underwritten by XL Specialty Insurance Company - Canadian Branch and AXA Insurance Company - Canadian branch. Coverages may also be underwritten by Lloyd’s Syndicate #2003. Coverages underwritten by Lloyd’s Syndicate #2003 are placed on behalf of the member of Syndicate #2003 by Catlin Canada Inc. Lloyd’s ratings are independent of AXA Group. Not all of the insurers do business in all jurisdictions nor is coverage available in all jurisdictions.

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