Asbestos Liability Insurance policies can vary significantly between insurers.

Exclusions, conditions and insured activities should therefore be checked against the actual policy wording.

What can be excluded or restricted? #

Depending on the policy, this can include:

• Activities not disclosed to or accepted by the insurer
• Asbestos removal outside the insured activities
• Work requiring a licence where the required licence is not held
• Known claims, incidents or circumstances
• Intentional or deliberate acts
• Certain pollution or contamination exposures
• Contractual liabilities extending beyond the liability the business would otherwise have
• Fines and penalties
• Activities outside permitted geographic or jurisdictional limits

Why do the insured activities matter? #

The insurer should accurately understand whether the business undertakes activities such as:

• Friable asbestos removal
• Non-friable asbestos removal
• Incidental asbestos disturbance
• Demolition
• Environmental remediation
• Inspection
• Testing
• Asbestos consulting

Holding insurance does not authorise a business to perform work it is not licensed or otherwise permitted to undertake.

What other conditions can apply? #

Policies can contain requirements relating to:

• Work procedures
• Qualifications and experience
• Subcontractors
• Regulatory requirements
• Protective equipment
• Record keeping

The effect of failing to comply with a condition depends on the wording and circumstances.

Contact our team if you need help understanding an Asbestos Liability exclusion or condition.