ABSTRACT
The title “Miscellaneous Policies” is unintentionally misleading, as cyber liability and network security, workers compensation, excess liability, and environmental pollution all have a material impact on public water and wastewater systems. Cyber liability and network security are emerging issues of material concern, and the frequency and sophistication of these attacks underscore the need for a concerted risk mitigation and risk transfer strategy. The purchase of workers compensation policies ensures employees receive prescribed benefits should they be injured on the job. Areas of key differential when evaluating such policies include safety and health and claims administration resources as well as underwriting stability and financial stability. Excess liability policies offer higher limits should a covered claim, or the demand for damages from a covered claim, exceed the primary limit in a scheduled underlying policy. An excess liability policy necessitates confirmation that the excess liability policy will honor any non-sublimited liability claim that is paid by the scheduled underlying policy. Finally, environmental pollution policies offer protection against civil fines and penalties should a planned or unplanned release of chlorinated water or influent result in fish or aquatic life kill. These policies also afford coverage for claims involving midnight dumping, CERCLA liability from defunct waste disposal facilities, transportation of byproducts, fungus and mold bacteria, seepage and gradual deterioration of underground aquifers, and disruption of asbestos-containing material.
