Environmental Impairment Liability

Commercial Real Estate Environmental Impairment Liability Insurance including Asbestos, Lead, and Fungus/Mold or Legionella.

Commercial Real Estate Environmental Impairment Liability

Including Asbestos, Lead, and Fungus/Mold or Legionella

National E & S Insurance Brokers, Inc. is proud to announce our new program with an A X rated carrier. The carrier offers coverage for first party clean-up and third party liability claims arising from covered pollution events.  Coverage can be provided for all pollutants including Asbestos, Lead, and indoor air quality issues such as Fungus/Mold or Legionella.

Policies may be written for periods of 1 or more years. The rates are extremely competitive and surprisingly affordable for property owners. The mold deductible may be reduced by 50% if the insured has a water intrusion and maintenance plan and uses the services of an approved restoration vendor immediately when a water event occurs. Protect your agency errors and omissions policy by offering this on all renewals. Share this with your insured and gain a competitive edge over your competitors.

Program Requirements


  • Claims-made Coverage
  • Fungus and Legionella Coverage Endorsement
  • Exclusion for Willful / Intentional Failure to Respond to a Water/Mold Incident in a Reasonable Manner Once the Insured has been put on notice or otherwise becomes aware of a water or mold incident.

Min. Premium: $15,000
Limits $1M – $10M Retention: $50k – $100k depending on risk*

  • *Credit available 50% of retention for insureds who meet pre-binding risk mgt. qualifications and who enroll with approved vendor to handle water incidents within 48 hours of first notice to insured.

Term: 1 – 3 years

Submission Requirements for Bindable Indication:

  • Environmental Impairment Liability Application
  • Property List / SOV (incl. bldg. sq. footage; age; type of construction)
  • 3 – 5 years updated GL & property loss runs

Documented Risk Management:

  • Formal maintenance staff (in-house or can be subbed to third party on retainer)
  • Evidence of Written Inspection and Maintenance Protocol (for water intrusion issues) (i.e., reports that document period inspection of bldgs. for water / mold issues and a written response protocol for responding to water and/or mold issues once to insured is given notice or becomes aware of an issue);


  • Copy of recent Phase I ESA; OR *
  • Copy of recent Indoor Air Quality Survey or Inspection; OR *
  • Copy of recent property Survey which documents mold/water issues; OR *
  • Other approved pre-binding inspection or survey related to water and/or mold incidents
    (i.e., survey of % of sites with outside consultant)*

* may be waived if insured can provide evidence (documented) that they have a formal maintenance protocol that they have been doing regular inspection and maintenance of their facilities i.e., inspection notes, web based business continuity & emergency response planning application such as Circumspex (www.circumspex.com) and follow-up reports, etc. An acceptable web based continuity program will be eligible for an additional 5% discount.

Contact Us today for more information.

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