Q&As

Is there any case law which deals with whether insurers have or have not paid out for insurance cover for the cost of remediation works for contaminated land, if served with a remediation notice from the Council, and/or also any reduction in market value if the land is deemed contaminated? Additionally, is there any case law which mentions the scenario where voluntary remediation of contaminated land is carried out (instead of being served with a remediation notice first), and insurers still pay out, or refuse to pay out?

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Published on LexisPSL on 23/05/2016

The following Environment Q&A provides comprehensive and up to date legal information covering:

  • Is there any case law which deals with whether insurers have or have not paid out for insurance cover for the cost of remediation works for contaminated land, if served with a remediation notice from the Council, and/or also any reduction in market value if the land is deemed contaminated? Additionally, is there any case law which mentions the scenario where voluntary remediation of contaminated land is carried out (instead of being served with a remediation notice first), and insurers still pay out, or refuse to pay out?

Is there any case law which deals with whether insurers have or have not paid out for insurance cover for the cost of remediation works for contaminated land, if served with a remediation notice from the Council, and/or also any reduction in market value if the land is deemed contaminated? Additionally, is there any case law which mentions the scenario where voluntary remediation of contaminated land is carried out (instead of being served with a remediation notice first), and insurers still pay out, or refuse to pay out?

In Bartoline Ltd v Royal & Sun Alliance Insurance plc, costs were incurred by the policyholder

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