gation methodology and, in some cases,
In the state of Florida, there is a very
active Department of Environmental
Protection (DEP) and its subdivision
Office of Emergency Response (OER).
Once they’re activated they remain
very closely connected to an incident
all the way through mitigation and closure, and provide final written approval
upon review of all the mitigation data.
This means a mitigation contractor
should be vetted and approved by your
state. Find your state authority and use
them as a major resource for the code
of your state as well as a list of vetted
Your most appropriate response
Do not consent to letting the blitzing
vendor proceed. First, you don’t know
if the company is recommended or certified by the state as an approved Haz-Mat mitigator. Second, they’ve made
no formal written proposal of their remediation process or protocol. Despite
those two glaring oversights, they’ll demand the $20,000 up front before any
work is initiated.
So, what do you do? This information should serve as a checklist for
your adjuster’s Haz-Mat response kit.
Let’s start by understanding fuel spills
caused by an insured and the environmental needs of your community. We
won’t discuss policies or coverage but
suffice it to say that, if there is coverage it will be under the liability portion
of the policy or by endorsement, and
you’d have to rule out any exclusions or
When a fuel spill is likely to
Obviously, whenever a vehicle rolls over
or the fuel tank or cargo hold is ruptured
and there is leakage of any type of mate-
rial considered hazardous, you’ll be deal-
ing with a Haz-Mat event monitored by
your state environmental authorities. The
police investigating the accident will no-
tify the state and that triggers the opening
of a file of which your insured’s incident
is the focus.
Even though the truck owner may be
notified, in the haze of the accident after-
math, they neglect to pass that informa-
tion onto their insurer’s representatives.
Several days may pass before your claims
department becomes aware and by that
time, the insured and agent are being
blitzed by the “$20,000 today or you’ll pay
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