I can’t believe it’s summer! Wow – feels like we just enjoyed the winter holidays and now we are trading the jackets for bathing suits and focused on 7/1 renewals! It’s been another fun and full 6 months – adding to the team, attending various insurance and construction events, providing continuing education seminars and meeting with old friends and new prospects. Seems kind of typical as I think about it. Regardless, all is going in the right direction, and I hope you, our retail broker clients, are feeling the benefits of our growth!
This month we welcomed our team from across the country into our Hamilton, NJ office for a week of fun and team bonding. We held our annual carrier appreciation night at the Trenton Thunder ballpark, held a team building scavenger hunt in Princeton and had many laughs over lunches and dinners. Be sure to check out the slideshow for a glimpse into the fun.
Also in this issue, don’t miss Tim Prosser’s recently published article “How Professional Liability and General Liability Interact in Covering Contractors,” recently published in Independent Agent magazine. It’s a must-read for anyone navigating the complexities of contractor coverage.
As we move into the second half of the year, we’re excited to keep the momentum going and continue working with all of you for the remainder of the year and beyond.
How Professional Liability and General Liability Interact in Covering Contractors
Understanding the nuances of insurance coverage is key when advising construction contractors. In this article recently published in Independent Agent magazine, RT ECP's Tim Prosser discusses the relationship between general liability (GL) and contractors professional liability (CPrL) insurance. He outlines key GL endorsements and exclusions, highlights common professional liability exposures, and explains the benefits of supplementing a GL policy with CPrL coverage. Check out the full article here and reach out to Tim to discuss your specific needs.
The week of June 23rd was a busy and fun-filled week for the RT ECP team. Our entire team gathered in the Hamilton, NJ office from around the country. Our annual Carrier Appreciation Night was held at the Trenton Thunder Ballpark, we had a fabulous team building scavenger hunt at and around Princeton University, and ate and drank enough to last until the holidays! Enjoy the slide show below of our fun-filled week.
Welcome to the Team
Please join us in welcoming Jhil Desai to the RT ECP family. Jihl, a recent graduate of Temple University's insurance and risk management program, joins us as an Account Administrator. You can reach Jihl at jhil.desai@rtspecialty.com.
Risk Tip - PFAS Exposures in Construction
By: Chris Bair
PFAS exclusions are becoming increasingly common in general liability and excess liability policies. Known as “forever chemicals” due to their persistence in the environment, PFAS (per- and polyfluoroalkyl substances) are a class of synthetic chemicals found in a wide range of consumer and industrial products. PFAS are used for their water-, grease-, and stain-resistant properties. While they’re often associated with household items like non-stick cookware, water-resistant clothing, and food packaging, they’re also prevalent in many common construction materials such as:
Roofing materials (e.g., membranes, coatings)
Solar panels
Adhesives and sealants
Carpet and laminate flooring
Stain- and water-resistant paints and coatings
Artificial turf
Wire and cable insulation
These materials can introduce PFAS into the environment during installation, renovation, demolition, or disposal, creating potential environmental and professional exposures for contractors.
A few examples where contractors may face PFAS-related claims include:
Importing contaminated fill (e.g., an excavation contractor brings in “clean fill” that turns out to be contaminated with PFAS)
Disturbing existing PFAS contamination during construction, demolition or renovation
Disposing of PFAS-contaminated materials at a non-owned disposal site
Inadequate or incorrect PFAS testing
Value engineering cost-saving materials that contain PFAS
Wastewater treatment projects involving PFAS removal or design of treatment systems
To help protect against PFAS-related incidents, contractors can implement the following risk management techniques:
Conduct audits of non-owned disposal sites prior to selection to ensure there are no existing issues
Review material data safety sheets (MSDS) to identify product or material containing PFAS chemicals. IF identified, substitute with product or material without PFAS chemicals
Implement protocols associated with fill material to identify the presence of PFAS
Utilize Pre-Existing Contamination Clauses in contracts, which go beyond the typical indemnity provisions, to reduce exposure/liability to existing PFAS related contamination at the jobsite
General Contractors should require subcontractors carry Contractors Pollution Liability (CPL) coverage with proper contractual risk transfer; specifically specifying CPL with no PFAS exclusions.
Of course, it would be prudent if contractors purchase a CPL policy to evaluate if they are defended from accusations of PFAS related contamination. Terms should be reviewed to determine if there is a PFAS exclusion and for Environmental Casualty programs, whether a PFAS exclusion applies to the CGL coverage part.
The information contained in this material is for information purposes only. This material should not be relied on or treated as a substitute for specific advice relevant to any particular circumstances. Appropriate steps to manage any of the risks described herein will vary depending on particular circumstances. This material should be considered in addition to all other relevant information, including the advice of professional advisors, best practices suggested by health and safety organizations and the requirements of any applicable policy of insurance. RT Specialty shall not be liable for any loss alleged to relate to the provision of this material.
RT Environmental and Construction Professional, 2465 Kuser Road, Suite 202, Hamilton, NJ 08690, USA