Case 1: Pre-Foreclosure Environmental Liability Risk Assessment for Commercial Small Business Lender

EXCALIBUR has provided a commercial small business lender with environmental liability risk management services since 2009. The client held over $2 billion in commercial loans, with 500 to 600 in default and many in the foreclosure process.

The portfolio has a revolving list of loans that have gone bad requiring foreclosure considerations. A large number of the facilities holding the commercial loans are businesses that involve products or processes that can impact the environment. Additionally, many of the properties used as collateral for the loans had previous land uses of potential environmental concern.

Case 2: INSURANCE LIABILITY RISK ASSESSMENT – Worldwide Portfolio of Major Label Maker Facilities

EXCALIBUR assessed environmental liabilities and potential claim risks associated with unknown conditions at over 100 manufacturing, commercial and office locations located in the U.S., Europe, Asia, South America and Oceania.

Case 3: INSURANCE LIABILITY RISK ASSESSMENT – East Coast U.S. Casino and Race Track Facility

EXCALIBUR helped its client better understand claim risks for a large east coast U.S. casino and horse racing track betting facility by reviewing available documentation, interviewing senior casino management and completing a site visit / tour of the facility operations. The facility was seeking PPL coverage for new and pre-existing conditions. During its streamlined review and site visit, EXCALIBUR learned that the facility had past surface water discharge permit violations, in large measure due to manure in run-off.

Case 4: INSURANCE LIABILITY RISK ASSESSMENT – Major Refinery

EXCALIBUR completed an expedited review of an extensive library of nearly one hundred technical reports and conducted internet research in support of its client’s preparation of a quote to provide new and pre-existing PPL coverage for a U.S. refinery with a long history and an associated 24-mile pipeline. EXCALIBUR’s client was particularly concerned about the insured’s request for retroactive coverage / unknown, pre-existing conditions and prospects of National Resources Damages (NRDs) claims. EXCALIBUR learned that the facility had had numerous petroleum and acid spills and even a fatality associated with one of the past releases.

Case 5: INSURANCE LIABILITY RISK ASSESSMENT – Commercial Re-development of Former Municipal Landfill

To assist its client with environmental insurance policy quotation, EXCALIBUR was asked to complete an expedited review of available documents to help assess claim risk. The insured was seeking PPL environmental insurance covering pre-existing and new conditions for a commercial development.  The developer seeking the PPL insurance was planning to develop a 20-acre portion of a 1960s era Florida city ~200-acre landfill. The portion of the landfill to be redeveloped had been previously excavated / screened and backfilled in preparation for redevelopment. Some commercial establishments had already been built on part of the reclaimed landfill area and the insured was planning on developing the remaining portions.

Case 6: INSURANCE LIABILITY RISK ASSESSMENT – East Coast Marine Oil Terminals & Asphalt Refinery

EXCALIBUR completed due diligence site-visits and interviews of senior management at multiple marine oil terminals and an associated asphalt refinery including facilities in Maryland, Virginia and Georgia. An insurance client was preparing to renew PPL policies for these facilities and requested EXCALIBUR’s assistance in visiting these facilities to review policies and procedures with the insured, account for engineered structures present at each facility and document the condition of the marine loading / unloading areas, pipelines, storage tank and refining / distillation systems.

Case 7: INSURANCE LIABILITY RISK ASSESSMENT – Portfolio of Gasoline Retails Facilities

For a portfolio of over 40 U.S. gasoline retail sites, EXCALIBUR reviewed available Phase I and Phase II documents (where available) is provide an expedited assessment claim risk for both new conditions and for unknown pre-existing conditions. Sites were categorized as presenting a higher, lower or more moderate risk based on: (1) the quality and completeness of the Phase I and Phase II information; (2) the age of the Phase I and Phase II reports; (3) documentation of regulatory closures identified issues; (4) plans for UST closures or upgrades; (5) the need for further site investigation; (6) site history; (7) adequacy of recent intrusive studies; (8) the regulatory climate, requirements and cleanup standards where each facility is located; and other factors.

Case 8: UST Compliance Training, NY Public Schools

EXCALIBUR was hired by a nationwide environmental insurance provider, one of the largest in the world, specializing in insuring storage tank risks. To assist this client reduce storage tank claim risks with a large customer, EXCALIBUR developed and led technical training seminars for the client’s operators based on our research and experience in UST/ AST management regulations pertaining specifically to their customer’s environmental risk management needs. A key goal of EXCALIBUR’s training seminars has been to reduce potential risks and claims by educating insured tank owners/ operators through audio/visual instruction on county, state, and federal requirements for UST and AST management practices. Key areas of instruction have included.