Cost Cap Insurance Policy

Posted By on November 14, 2007

Cost-Cap insurance policies pay for costs that exceed the estimated cost of a remedial plan.  These policies typically have large “co-insurance” and deductible provisions, so that the insured must still pay a significant portion of the cost overruns.  Policies are also available to cover contractors and consultants for environmental liabilities.

About the author

James Periconi’s practice focuses almost equally on commercial property transaction counseling, on environmental regulatory matters in the U.S. Environmental Protection Agency and the New York State Department of Environmental Conservation (DEC), and on environmental litigation in the federal and state courts. A former Chief of Solid and Hazardous Waste Enforcement for the State DEC and an Assistant New York Attorney General prosecuting civil and criminal environmental cases, he has in private practice since 1989 had substantial experience representing defendants in governmental actions brought for remediation of Superfund and other contaminated sites, and for prosecution and defense of private cost recovery actions for such sites.

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