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Superfund: CERCLA Section
104(e) Information Request Questions -
Insurance Coverage - Brokers
- Identify the time period during which Respondent placed insurance on behalf
of the [PRP], as well as the name and current whereabouts, if known, of individuals
at [PRP] with whom Respondent communicated and the nature of the communication.
- Provide copies of all files in your possession relating to [PRP].
- Provide copies of all casualty, liability and/or pollution insurance policies
in your possession issued to[PRP] (or their predecessors) from [first site
operations date] to present, including but not limited to comprehensive general
liability, primary, umbrella and excess policies, as well as any environmental
impairment liability or pollution legal liability insurance.
- If there are any casualty, liability and/or pollution insurance policies
issued to [PRP] (or their predecessors) from [first site operations date]
to present of which you have any evidence, or of which you are aware but
neither posses copies, nor are able to obtain copies, identify each such
policy to the best of your ability by identifying:
- The name and address of each insurer and of the insured;
- The type of policy and policy numbers;
- The per occurrence or per accident policy limits of each policy;
- Whether each such policy is “primary” or “excess”;
- The commencement and expiration dates of such policy.
- To the extent not identified in Questions 2 or 3 above, provide all other
evidence of casualty, liability and/or pollution insurance issued to [PRP]
from [first site operations date] to present.
- For each policy of insurance identified in Questions 2, 3 or 4 above,
provide all underwriting, placing and marketing files, claim files, loss
control files, and premium audits, as well as any accounting records including
retrospective rating adjustments, for each such policy.
- Provide all documents and files that constitute, evidence, refer, or relate
to claims made by [PRP] under any of the policies identified in Questions
2, 3 or 4.
- Identify all previous settlements by [PRP] (or their predecessors) with
its insurers which relate in any way to environmental liabilities and/or
to casualty, liability and/or pollution insurance coverage, including:
Provide copies of all such settlement agreements.
- The date of the settlement;
- The scope of release provided under such settlement; and
- The amount of money paid by pursuant to such settlement.
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