This chapter analyses the subject matter, scope of cover, and distribution of insurance products used to address risks arising from waste-management activities, with attention to both their legal structure and the regulatory environment in which they operate. It first examines the insurability of waste-related risks against classical criteria in insurance law and insurance economics, and then discusses insurable interest in waste insurance, emphasising the multiplicity of interests involved (waste holders, private parties affected by environmental damage, and public entities tasked with environmental protection). The chapter then assesses liability insurance as the traditional mechanism for covering environmental damage linked to waste management, considering both general civil liability policies and specialised environmental liability insurance. Particular emphasis is placed on pollution exclusion clauses and their interpretation in case law, revealing structural limits of liability-based protection for waste-related environmental risks. In response, the chapter explores first-party insurance—especially environmental cost insurance—as complementary or, in certain respects, alternative instruments capable of financing preventive and remedial measures. Further, the chapter addresses the distribution of waste insurance within the applicable framework for insurance distribution, highlighting the role of distributors in recognising needs shaped by legal requirements. Finally, it examines the environmental authority’s practical influence on the formation and operation of insurance arrangements, illustrating the interaction between private-law insurance and public-law regulation.

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Subject, Coverage and Distribution of Waste Insurance

  • Dorota Maśniak

摘要

This chapter analyses the subject matter, scope of cover, and distribution of insurance products used to address risks arising from waste-management activities, with attention to both their legal structure and the regulatory environment in which they operate. It first examines the insurability of waste-related risks against classical criteria in insurance law and insurance economics, and then discusses insurable interest in waste insurance, emphasising the multiplicity of interests involved (waste holders, private parties affected by environmental damage, and public entities tasked with environmental protection). The chapter then assesses liability insurance as the traditional mechanism for covering environmental damage linked to waste management, considering both general civil liability policies and specialised environmental liability insurance. Particular emphasis is placed on pollution exclusion clauses and their interpretation in case law, revealing structural limits of liability-based protection for waste-related environmental risks. In response, the chapter explores first-party insurance—especially environmental cost insurance—as complementary or, in certain respects, alternative instruments capable of financing preventive and remedial measures. Further, the chapter addresses the distribution of waste insurance within the applicable framework for insurance distribution, highlighting the role of distributors in recognising needs shaped by legal requirements. Finally, it examines the environmental authority’s practical influence on the formation and operation of insurance arrangements, illustrating the interaction between private-law insurance and public-law regulation.