{"id":2734,"date":"2022-05-11T20:50:45","date_gmt":"2022-05-11T20:50:45","guid":{"rendered":"http:\/\/estrategist.com\/website\/members\/?p=2734"},"modified":"2022-05-11T20:50:45","modified_gmt":"2022-05-11T20:50:45","slug":"outfitters-and-hunting-fishing-sportsman-clubs","status":"publish","type":"post","link":"https:\/\/estrategist.com\/members\/outfitters-and-hunting-fishing-sportsman-clubs\/","title":{"rendered":"Outfitters and Hunting, Fishing &#038; Sportsman Clubs"},"content":{"rendered":"<p><b>What is a pollutant<\/b><b>: <\/b><span style=\"font-weight: 400;\">Any material, substance, liquid, product, etc\u2026 which is introduced into an environment for other than its intended use \/ purpose.\u00a0 Fresh water, cheese and milk have all been classified as pollutants by Insurance Carriers under various circumstances. What pollutants are impacting your business?<\/span><\/p>\n<p><b>Common environmental exposures encountered with hunting and fishing clubs\/outfitters include, but are not limited to<\/b><span style=\"font-weight: 400;\">:\u00a0\u00a0 Natural resource damages;\u00a0 Pollution cleanup and liabilities that result after a fire is put out;\u00a0 Use of herbicides, pesticides (Glyphosate), fertilizers\u2026:\u00a0 Storm water runoff;\u00a0 Historical pollution from mining, landfills, manufacturing, government facilities, agriculture, scrap yards, old equipment bone yards;\u00a0 Lead contamination at shooting range impacting soil and groundwater;\u00a0 Illegal disposal of waste;\u00a0 Improper treatment and\/or disposal of sanitary wastewater facilities;\u00a0 Fuel spills from recreational equipment;\u00a0 Underground or above ground storage tank leaks causing water and soil contamination;\u00a0 Abandoned underground storage tanks especially those of which the site owner is unaware or those which have been improperly closed;\u00a0 Lead paint;\u00a0 Asbestos;\u00a0 Fueling boats in the water;\u00a0 No auditing of waste handling and disposal companies;\u00a0 Improper management of protected or sensitive areas such as wetlands;\u00a0 Siltation of nearby streams, rivers, or lakes;\u00a0 Improper erosion control management;\u00a0 Electrical equipment containing toxic PCBS;\u00a0 Old, abandoned wells which are not properly closed and serve as an open conduit for groundwater contamination; \u00a0 Poor information on the possible adverse reactions and interactions of chemical compounds that accidentally commingle during a fire;\u00a0 Old septic systems;\u00a0 Pressurized gas cylinders;\u00a0 Spills from loading and unloading of raw materials;\u00a0 Pollution from neighboring properties migrating onto yours;\u00a0 Easements that cross the property which may leak or spill hazardous materials;\u00a0 Residual contamination such as fertilizers or pesticides from past farming or similar uses;\u00a0 Previous spills of hazardous materials from adjacent roads or railways due to truck or train accidents;\u00a0 Corroded wastewater and storm water sewers;\u00a0 Improper purging of bilge waters from marine vessels; spills and air emission from power generators;\u00a0 Mold \/ legionella\u2026.<\/span><\/p>\n<p><strong>Sportsman Clubs Environmental Loss Examples\u00a0<\/strong><\/p>\n<ol>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">A Hunting Club in a remote area, the owner discovered several piles of unidentified waste that had been dumped on the property. The Club had the piles tested, at a cost of several thousand dollars. The piles contained hazardous waste.\u00a0 The Club owner\u2019s cost to dispose of the waste was estimated to exceed $200,000.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Clean Property; Phase I and Phase II environmental assessments involve limited sampling of a property and cannot guarantee that the property is clean. For example, a hunting\/fishing business, acquired property previously used for farming.\u00a0 An environmental consultant was hired to conduct a Phase I Environmental Assessment. The property was determined to be \u201cclean.\u201d\u00a0 However, during excavation for a building, 100 drums of buried pesticides and herbicides were unearthed. The chemicals contaminated the soil and had to be removed.\u00a0 Remediation and drum disposal costs exceeded $450,000<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\">A hunting \/ fishing business in their maintenance garage changed the oil for its equipment over a drain leading to an on-site septic system.\u00a0 Over a period of many years the oil breached the septic field and migrated to neighboring properties.\u00a0 When contamination was discovered in a nearby well investigations determined the contamination was coming from the hunting \/ fishing septic field.\u00a0 Site remediation and installation of a groundwater recovery system exceeded $6000,000.<\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Upstream from a fishing lodge served as a convenient illegal disposal site for a recycling contractor. The contractor dumped five 55-gallon drums, releasing 275 gallons of used mineral spirits into the stream. When the drums were dumped, the hazardous contents leaked into the soil. In addition, the contractor emptied the contents of the vacuum truck into a nearby community lake.\u00a0 Total cleanup expenses amounted to $475,000.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">A fishing camp operated its own on-site wastewater treatment facility. Seals on the bottom of the treatment system leaked and wastewater overflowed from the top of the system. This caused numerous discharges of contaminated effluent to enter the soil and migrate into the nearby lake.\u00a0 The EPA cited the fishing camp for various discharge violations and issued an administrative order finding the fishing camp responsible for contamination of the adjacent properties. Government mandated cleanup costs exceeded $250,000. In addition, neighboring property owners filed claims against the fishing camp for property damage, business interruption and trespass of pollutants. The combined total of the civil suits exceeded $500,000.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">A fishing camp stored fuel for their boats in an above ground 5,000-gallon storage tank.\u00a0 The tanks secondary containment was cracked and a leak from the storage tank breached the secondary containment allowing more than 1,000 gallons of fuel to be released into the environment.\u00a0 Cost for remediation exceeded $250,000.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">A sportsman club had to pay for remediation and supply potable water to residents when it was determined that lead from their shooting range via stormwater runoff had leached into the groundwater over a period of many years.\u00a0 Remediation and third-party claims for bodily injury exceeded $1,000,000.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">A hunting and fishing guide service, during the summer season, had several customers complain of headaches and nausea.\u00a0 Investigation revealed several sleeping cabins had water leaks from several sources (plumbing, open windows during storms\u2026) that allowed for mold to develop.\u00a0 Cost to remedy the issue exceeded $75,000.\u00a0\u00a0<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">A hunting club had a fire at their main lodge.\u00a0 Once the fire department put out the fire thousands of gallons of contaminated residue from the fire entered the lake on which the club was located.\u00a0 Natural resource damages and cost to remediate the land exceeded $200,000.<\/span><\/li>\n<\/ol>\n<p><strong>ENVIRONMENTAL LIABILITY INSURANCE BENEFITS<\/strong><\/p>\n<p><span style=\"font-weight: 400;\">Sportsman\u2019s clubs generally lack the financial strength to self-insure their environmental liabilities.\u00a0 Since every commercial contractor is impacted by environmental liabilities consideration needs to be given to the economies of scale afforded with environmental liability insurance as part of your risk transfer strategy versus self-insurance.<\/span><\/p>\n<p><b>The <\/b><b>Three Main Benefits<\/b><b> environmental liability insurance offers:\u00a0\u00a0<\/b><\/p>\n<ol>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Defense Costs<\/b><b>:<\/b><span style=\"font-weight: 400;\">\u00a0 Environmental liabilities are relatively new and very litigious.\u00a0 Even if you do nothing wrong you can still get named in a suit and have to expense defense costs i.e. legal fees, environmental investigations, etc.\u00a0\u00a0<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Claim Management<\/b><b>:<\/b><span style=\"font-weight: 400;\">\u00a0 All policies come with specialists to assist you in handling a claim.\u00a0 Who is in charge of communications, public relations, emergency response, government compliance, financial management, third party claims for bodily injury, property damage, natural resource damages\u2026.?<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Third Party Liability<\/b><b>:<\/b><span style=\"font-weight: 400;\">\u00a0 The majority of the time the cost to clean up the environmental problem\/s is far less than the associated claims that come in from third parties for bodily injury, property damage and business interruption.\u00a0 You need to look at your client\u2019s and neighbors that can be impacted if you or a sub-contractor\/vendor cause an environmental loss.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0<\/span><\/li>\n<\/ol>\n<h3><span style=\"font-weight: 400;\">Environmental Risk Transfer Products<\/span><\/h3>\n<h4>Environmental Impairment Liability (EIL)<\/h4>\n<p><span style=\"font-weight: 400;\">EIL is for hunting and fishing businesses susceptible to economic loss caused by pollution that actually or allegedly originated from their operations.\u00a0 Sometimes referred to as pollution legal liability this coverage is for those who own, operate, lease, or have any other insurable interest in real property and the operations. Coverage can be written in a variety of ways addressing unknown preexisting conditions or new conditions.\u00a0 Coverage can include third party bodily injury and property damage along with business interruption and extra expense, on and off site cleanup costs, legal defense expenses, non-owned disposal sites, transportation and more. EIL can be offered on multi year terms.\u00a0 Most EIL policies cover above ground storage tanks.<\/span><\/p>\n<h4><strong>Property Transfer Coverage<\/strong><\/h4>\n<p><span style=\"font-weight: 400;\">When buying or selling property there can be unknown preexisting environmental conditions. Since a Phase I, Phase II\u2026 site assessments cannot guarantee uncovering all potential environmental liabilities, insurance companies have created property transfer insurance. This coverage protects the new owner or any party with an insurable interest, against unknown environmental conditions that may be discovered during the policy period, that were not caused by the new owner.\u00a0\u00a0 This coverage not only helps to keep the property at its maximum value, it will assist the purchaser in being able to secure the necessary financing to complete their transaction.<\/span><\/p>\n<p><strong>Transportation Pollution Liability (TPL)<\/strong><\/p>\n<p>Generally, Business Auto or Truckers policies will exclude pollution losses arising from spills or other releases of their cargo. Transportation pollution liability affords coverage during the loading, unloading and transportation, for a spill, release or sudden upset and over turn of transported cargo.<\/p>\n<p><strong>Underground and Above Ground Storage Tanks (UST, AST)<\/strong><\/p>\n<p><span style=\"font-weight: 400;\">Financial responsibility requirements ensure that owners and operators of underground storage tank systems can financially handle a release from an underground storage tank. The responsibility encompasses the ability to pay funds for corrective action and third-party bodily injury and property damage from non-sudden and sudden and accidental releases from a regulated underground system.<\/span><\/p>\n<h4><strong>Vendor Insurance Coverages<\/strong><\/h4>\n<p><span style=\"font-weight: 400;\">If you hire contracting services i.e. mechanical \/ equipment repair, general construction, HVAC, plumbing, electrical, roofing\u2026, landscaping, herbicide &amp; pesticide application\u2026, pool maintenance\u2026 you should confirm the vendor has contractors pollution liability coverage.\u00a0\u00a0<\/span><\/p>\n<p><b>Contractors Pollution Liability (CPL)<\/b><\/p>\n<p><span style=\"font-weight: 400;\">Contractors Pollution Liability (CPL) insurance protects the insured should they cause or exacerbate an environmental condition while performing their contractor services.\u00a0 CPL protects the insured for covered operations performed by or on behalf of the insured, while operating away from any premises they own, rent, lease or occupy.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">CPL can be offered on a claims made or occurrence basis.\u00a0 Coverage can be written on a job specific basis, owner controlled or blanket basis to cover all the work performed by the insured.\u00a0 Most policies can be endorsed to cover transportation pollution liability, mold, lead, and asbestos, defense outside the limits, off-site disposal coverage, and more.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">If the vendor is a transporter refer to transportation pollution liability above.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Environmental exposures include Natural resource damages;\u00a0Historical pollution from mining, landfills, manufacturing, government facilities, agriculture, scrap yards, old equipment bone yards;\u00a0 Lead contamination at shooting range impacting soil and groundwater and more.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[5],"tags":[202],"class_list":["post-2734","post","type-post","status-publish","format-standard","hentry","category-risk","tag-property-owners","entry"],"_links":{"self":[{"href":"https:\/\/estrategist.com\/members\/wp-json\/wp\/v2\/posts\/2734","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/estrategist.com\/members\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/estrategist.com\/members\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/estrategist.com\/members\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/estrategist.com\/members\/wp-json\/wp\/v2\/comments?post=2734"}],"version-history":[{"count":1,"href":"https:\/\/estrategist.com\/members\/wp-json\/wp\/v2\/posts\/2734\/revisions"}],"predecessor-version":[{"id":2735,"href":"https:\/\/estrategist.com\/members\/wp-json\/wp\/v2\/posts\/2734\/revisions\/2735"}],"wp:attachment":[{"href":"https:\/\/estrategist.com\/members\/wp-json\/wp\/v2\/media?parent=2734"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/estrategist.com\/members\/wp-json\/wp\/v2\/categories?post=2734"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/estrategist.com\/members\/wp-json\/wp\/v2\/tags?post=2734"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}