Compared to the costs of mitigation
systems, remediating source contamina-
tion is often more costly. “Mitigation for
vapor intrusion can be like mitigation for
radon, with costs that are relatively mod-
est or manageable,” says Cohn. “Proac-
tively managing VI with vapor barriers
can help reduce damages and settle or
Glash concurs. “For example, once
the remediation of a brownfield site is
complete, an inexpensive piece of plastic
from a construction supply store could be
placed beneath the foundation as a vapor
barrier to prevent VI in response to any
residual impacts remaining in the soil,”
says Glash. “A system to actively remove
contaminants would cost much more.”
For these reasons, developers build-
ing structures at high-risk sites (and their
pollution insurers) often include VI miti-
gation in their plans.
Vapor intrusion claims are a trend that
will not blow over any time soon. These
strategies can help claims professionals
assess and resolve VI claims:
• Carefully assess whether coverage ex-
ists (and whether any other policies
may offer coverage).
• Promptly assemble the right team of
environmental and legal experts to
assess and mitigate VI issues. The science of VI is still evolving. Make sure
the environmental consultants and
contractors have experience successfully addressing VI issues. This is not
a situation in which you want someone learning on the job.
• Consider whether proactively offer-
ing to install mitigation systems in
affected homes could avoid litigation
or reduce claims costs.
•Be sure to analyze whether other
sources inside affected buildings may
have contributed to the indoor air
• Identify and seek recoveries or contributions from other parties who may have
contributed to or have legal responsibility for the source contamination.
Larry Griffin leads Beazley’s environmental claims focus group, working closely
with Beazley’s insureds to develop and
implement innovative strategies to
resolve their environmental exposures.
Griffin also has experience evaluating and
resolving complex professional liability
claims for environmental consultants,
lawyers and accountants.
Find out how you can increase efficiency, reduce
costs, and maximize recovery. Learn why E-Subro
Hub is the industry’s choice for negotiating
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