China's environmental liability insurance for the healthy development depends on the improvement of environmental protection legislation and refining, environmental science and technology progress and the insurance market in the strengthening of underwriting capacity. The legislation is the key to improving and refining the key. Can be seen from the U.S. experience, if not the appropriate environmental legislation, environmental legislation or the provisions of the responsibility of the polluters too light, too loose, not the environmental liability insurance have effective demand.
In the United States, the first environmental insurance in 1977 is the environmental damage liability insurance (EIL), and the environmental insurance market in the subsequent 10 years to be fully developed. U.S. environmental legislation and the promotion of the improvement is the main driving force for development.
The term insurance environment, including both the first (property) and including third-party insurance (liability) insurance, are designed to manage the risks associated with pollution. Among them, third-party liability insurance products are: specific places responsibility for environmental damage (EIL) insurance, the general also said that pollution liability insurance. Underwriting the insured premises specific pollutants sudden spill accidents caused by third party legal liability, including bodily injury, property damage, clean up costs and defence costs; contractor environmental damage liability insurance coverage for contractors at the project site Specific works and activities, the result of accidents caused by the pollution incident in the completion of the contract responsibility and responsibility for environmental risk another professional errors and omissions insurance policy and removal of asbestos and lead contractors such as general liability insurance policy.
And a first-party property insurance environmental insurance products mainly include: environmental restoration policy, the main financial institutions in loans to meet borrowers can not repay the loan and the mortgage on the property also has environmental clean-up costs when the insurance needs of restoration costs of stop-loss policy This insurance will help the sewage property transactions, to prevent buyers and sellers in the transaction cost estimates for the clean up there too big error which led transaction failure. The comprehensive environmental policy to meet the insured damage compensation for pollution accidents in different requirements, coverage and costs have certain advantages, and the maximum to avoid the responsibility of underwriting the "grey areas" disputes.
U.S.-rich environment of insurance products and active environmental insurance market benefited from the United States a comprehensive environmental legislation. U.S. environmental legislation is a milestone in 1969 through the "National Environmental Policy Act" (NEPA). Since then, similar to an endless stream of environmental protection laws. With environmental protection activities intensified, the U.S. government introduced a more ambitious and complex environmental laws. And the environmental risk management and environmental development of great significance to the insurance law,1976 "Resource protection and compensation law" (RCRA) and 1980's "extensive Environmental Response, Compensation and Liability Act."
"Resource protection and compensation law" is harmful to the U.S. UNEP material "from cradle to grave" monitoring of the whole legal basis. The method of waste from production to be abandoned the whole process of implementation monitoring to ensure that the waste will not be improper disposal of general chaos eventually abandoned. RCRA is the first request of the Department of hazardous materials processing, storage and handling, and other business activities of the permit holder to provide financial compensation that the ability of environmental laws. Under these provisions, the operators of these enterprises, the owner must provide evidence to support the business process caused by environmental damage, enterprises have the means to clean up material and compensation for victims of physical injuries and property losses, enterprises need to maintain effective Proof 30. Harmful Substances in the license holder can have several ways to provide the necessary proof, including the special insurance endorsement, performance bonds, letters of credit, save the cash by a third party, self-identity or managers can accept the Any other evidence. And the general business environment will choose the insured liability insurance.
"Extensive Environmental Response, Compensation and Liability Act" (CERCLA, commonly known as Superfund, that the Super Fund) aimed at resolving the abandoned waste or neglect the problem of waste disposal sites, including some old garbage dump caused environmental damage. CERCLA legislation polluter who follow the basic principles of the burden. The scope of the Superfund clean up the garbage dump, to identify potential liabilities, such persons or organizations responsible for the clean up these garbage dump fees, determined in accordance with the law until the real person responsible. Potential liabilities may include garbage dump current and past owners, operators and lessees; garbage dump waste material producers, transport arrangements, as well as any waste discarded by the officers concerned. In addition, its parent company may not escape blame, the company's heir and manager of the company and controlling shareholder may have to bear the name of personal responsibility, even in bankruptcy under CERCLA may assume responsibility.
CERCLA implementation of "can be traced back, strict and multi-associated" responsibility. In determining statutory duty, super fund does not consider the pollution in the waste treatment process of the actual level of attention. In addition, if the damage is not at the (usually this is) that any potential liability side for the full amount of compensation may be fully accountable, regardless of their individual responsibility for the actual extent.
RCRA on economic compensation and the ability to prove that the requirements of CERCLA on the clean-up costs of compensation, covers a very wide, at all levels in the U.S. economy generated a lot of complex liability risks. Environmental insurance market demand increases, has stimulated more people to enter the insurance market. 1982, the United States set up the pollution liability insurance underwriting the Commonwealth - Pollution Liability Insurance Association. CERCLA lead to countless people with potential liabilities of several decades ago to buy the CGL in-office claims to insurance companies, plus the pollution liability insurance underwriting technology less mature and less than the number of policyholders, in the 1980s the United States Environmental insurance market Has almost collapsed. However, the U.S. edition of ISO1986 standard CGL policy of "absolute pollution exclusions" significantly reverse the development of the market conditions. The exclusions, regardless of pollution or loss is gradual accident occurred, the insurance for the emissions caused by any physical injuries and property damage liability is no compensation. This an absolute pollution exclusions led to the market for environmental damage liability insurance requirements. In addition, ISO has also developed a claims-made policies to overcome the occurrence of the policy of "long tail", and effectively protect the insurers.
Changes in the market situation, coupled with the 1990s, the United States environmental legislation in an orderly manner, the loss of data gradual improvement, environmental insurance coverage and technological progress and Loss Prevention Management and claimed advances in technology, environmental damage liability insurance market booming . In addition, in 2002 the United States, "Saar classes Slovakia - Oxley Act," introduced, emphasized the responsibility of the enterprise environment evaluation and disclosure of information. In order to meet the requirements in this area, only enterprises seek more insurance protection. In addition to the environmental insurance enterprises for the completion of regulatory obligations, but also with more added value. Society today stressed that corporate social responsibility and sustainable development, Dow Jones "sustainability index" of the introduction, that investors in the investment decision-making, will be considered "economic, environmental and social" three standards. No doubt the purchase of environmental insurance companies can show that the management of innovation and strong sustainability, greatly enhanced the confidence of investors. Currently, the United States on various types of environmental insurance market for insurance companies to provide the necessary financial compensation that capacity, and for most of the super fund to finance future security risks.
Not long ago, with funding of a domestic insurance company first launched places pollution liability insurance, the State Environmental Protection Administration and China Insurance Regulatory Commission jointly issued the "environmental pollution liability insurance on the guidance," signifies that China's environmental insurance system for the building has been activated . The author believes that China's environmental liability insurance for the healthy development depends on the improvement of environmental protection legislation and refining, environmental science and technology progress and the insurance market in the strengthening of underwriting capacity. The legislation is the key to improving and refining the key. Can be seen from the U.S. experience, if not the appropriate environmental legislation, environmental legislation or the provisions of the responsibility of the polluters too light, too loose, not the environmental liability insurance have effective demand. Last year, nearly 100 famous multinational companies operating in China there are serious pollution offences, compared with developed countries in the good environmental reputation, in condemning these enterprises should not bear the social responsibility at the same time, we should first review their own Too lax environmental legal environment.
In the United States, the first environmental insurance in 1977 is the environmental damage liability insurance (EIL), and the environmental insurance market in the subsequent 10 years to be fully developed. U.S. environmental legislation and the promotion of the improvement is the main driving force for development.
The term insurance environment, including both the first (property) and including third-party insurance (liability) insurance, are designed to manage the risks associated with pollution. Among them, third-party liability insurance products are: specific places responsibility for environmental damage (EIL) insurance, the general also said that pollution liability insurance. Underwriting the insured premises specific pollutants sudden spill accidents caused by third party legal liability, including bodily injury, property damage, clean up costs and defence costs; contractor environmental damage liability insurance coverage for contractors at the project site Specific works and activities, the result of accidents caused by the pollution incident in the completion of the contract responsibility and responsibility for environmental risk another professional errors and omissions insurance policy and removal of asbestos and lead contractors such as general liability insurance policy.
And a first-party property insurance environmental insurance products mainly include: environmental restoration policy, the main financial institutions in loans to meet borrowers can not repay the loan and the mortgage on the property also has environmental clean-up costs when the insurance needs of restoration costs of stop-loss policy This insurance will help the sewage property transactions, to prevent buyers and sellers in the transaction cost estimates for the clean up there too big error which led transaction failure. The comprehensive environmental policy to meet the insured damage compensation for pollution accidents in different requirements, coverage and costs have certain advantages, and the maximum to avoid the responsibility of underwriting the "grey areas" disputes.
U.S.-rich environment of insurance products and active environmental insurance market benefited from the United States a comprehensive environmental legislation. U.S. environmental legislation is a milestone in 1969 through the "National Environmental Policy Act" (NEPA). Since then, similar to an endless stream of environmental protection laws. With environmental protection activities intensified, the U.S. government introduced a more ambitious and complex environmental laws. And the environmental risk management and environmental development of great significance to the insurance law,1976 "Resource protection and compensation law" (RCRA) and 1980's "extensive Environmental Response, Compensation and Liability Act."
"Resource protection and compensation law" is harmful to the U.S. UNEP material "from cradle to grave" monitoring of the whole legal basis. The method of waste from production to be abandoned the whole process of implementation monitoring to ensure that the waste will not be improper disposal of general chaos eventually abandoned. RCRA is the first request of the Department of hazardous materials processing, storage and handling, and other business activities of the permit holder to provide financial compensation that the ability of environmental laws. Under these provisions, the operators of these enterprises, the owner must provide evidence to support the business process caused by environmental damage, enterprises have the means to clean up material and compensation for victims of physical injuries and property losses, enterprises need to maintain effective Proof 30. Harmful Substances in the license holder can have several ways to provide the necessary proof, including the special insurance endorsement, performance bonds, letters of credit, save the cash by a third party, self-identity or managers can accept the Any other evidence. And the general business environment will choose the insured liability insurance.
"Extensive Environmental Response, Compensation and Liability Act" (CERCLA, commonly known as Superfund, that the Super Fund) aimed at resolving the abandoned waste or neglect the problem of waste disposal sites, including some old garbage dump caused environmental damage. CERCLA legislation polluter who follow the basic principles of the burden. The scope of the Superfund clean up the garbage dump, to identify potential liabilities, such persons or organizations responsible for the clean up these garbage dump fees, determined in accordance with the law until the real person responsible. Potential liabilities may include garbage dump current and past owners, operators and lessees; garbage dump waste material producers, transport arrangements, as well as any waste discarded by the officers concerned. In addition, its parent company may not escape blame, the company's heir and manager of the company and controlling shareholder may have to bear the name of personal responsibility, even in bankruptcy under CERCLA may assume responsibility.
CERCLA implementation of "can be traced back, strict and multi-associated" responsibility. In determining statutory duty, super fund does not consider the pollution in the waste treatment process of the actual level of attention. In addition, if the damage is not at the (usually this is) that any potential liability side for the full amount of compensation may be fully accountable, regardless of their individual responsibility for the actual extent.
RCRA on economic compensation and the ability to prove that the requirements of CERCLA on the clean-up costs of compensation, covers a very wide, at all levels in the U.S. economy generated a lot of complex liability risks. Environmental insurance market demand increases, has stimulated more people to enter the insurance market. 1982, the United States set up the pollution liability insurance underwriting the Commonwealth - Pollution Liability Insurance Association. CERCLA lead to countless people with potential liabilities of several decades ago to buy the CGL in-office claims to insurance companies, plus the pollution liability insurance underwriting technology less mature and less than the number of policyholders, in the 1980s the United States Environmental insurance market Has almost collapsed. However, the U.S. edition of ISO1986 standard CGL policy of "absolute pollution exclusions" significantly reverse the development of the market conditions. The exclusions, regardless of pollution or loss is gradual accident occurred, the insurance for the emissions caused by any physical injuries and property damage liability is no compensation. This an absolute pollution exclusions led to the market for environmental damage liability insurance requirements. In addition, ISO has also developed a claims-made policies to overcome the occurrence of the policy of "long tail", and effectively protect the insurers.
Changes in the market situation, coupled with the 1990s, the United States environmental legislation in an orderly manner, the loss of data gradual improvement, environmental insurance coverage and technological progress and Loss Prevention Management and claimed advances in technology, environmental damage liability insurance market booming . In addition, in 2002 the United States, "Saar classes Slovakia - Oxley Act," introduced, emphasized the responsibility of the enterprise environment evaluation and disclosure of information. In order to meet the requirements in this area, only enterprises seek more insurance protection. In addition to the environmental insurance enterprises for the completion of regulatory obligations, but also with more added value. Society today stressed that corporate social responsibility and sustainable development, Dow Jones "sustainability index" of the introduction, that investors in the investment decision-making, will be considered "economic, environmental and social" three standards. No doubt the purchase of environmental insurance companies can show that the management of innovation and strong sustainability, greatly enhanced the confidence of investors. Currently, the United States on various types of environmental insurance market for insurance companies to provide the necessary financial compensation that capacity, and for most of the super fund to finance future security risks.
Not long ago, with funding of a domestic insurance company first launched places pollution liability insurance, the State Environmental Protection Administration and China Insurance Regulatory Commission jointly issued the "environmental pollution liability insurance on the guidance," signifies that China's environmental insurance system for the building has been activated . The author believes that China's environmental liability insurance for the healthy development depends on the improvement of environmental protection legislation and refining, environmental science and technology progress and the insurance market in the strengthening of underwriting capacity. The legislation is the key to improving and refining the key. Can be seen from the U.S. experience, if not the appropriate environmental legislation, environmental legislation or the provisions of the responsibility of the polluters too light, too loose, not the environmental liability insurance have effective demand. Last year, nearly 100 famous multinational companies operating in China there are serious pollution offences, compared with developed countries in the good environmental reputation, in condemning these enterprises should not bear the social responsibility at the same time, we should first review their own Too lax environmental legal environment.
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