La. Admin. Code tit. 33 § XI-1115

Current through Register Vol. 50, No. 11, November 20, 2024

Section XI-1115 - Insurance and Risk Retention Group Coverage

A. An owner or operator may satisfy the requirements of LAC 33:XI.1107 by obtaining liability insurance that conforms to the requirements of this Section from a qualified insurer or risk retention group. Such insurance may be in the form of a separate insurance policy or an endorsement to an existing insurance policy.

B. Each insurance policy shall be amended by an endorsement worded as specified in Paragraph B.1 of this Section, or evidenced by a certificate of insurance worded as specified in Paragraph B.2 of this Section, except that instructions in brackets shall be replaced with the relevant information and the brackets deleted.

1. Endorsement

Name [name of each covered location]:

_______________________________________________

Address [address of each covered location]:

_______________________________________________

Policy Number:

_______________________________________________

Period of Coverage [current policy period]:

_______________________________________________

Name of [insurer or risk retention group]:

_______________________________________________

Address of [insurer or risk retention group]:

_______________________________________________

Name of Insured:

_______________________________________________

Address of Insured:

_______________________________________________

Endorsement

a. This endorsement certifies that the policy to which the endorsement is attached provides liability insurance covering the following underground storage tanks:

[List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one instrument is used to assure different tanks at any one facility, for each tank covered by this instrument, list the tank identification number provided in the registration submitted pursuant to LAC 33:XI.301 and the name and address of the facility.]

for [insert: "taking corrective action" and/or "compensating third parties for bodily injury and property damage caused by" either "sudden accidental releases" or "nonsudden accidental releases" or "accidental releases"; if coverage is different for different tanks or locations, indicate the type of coverage applicable to each tank or location] arising from operating the underground storage tank(s) identified above.

The limits of liability are [insert the dollar amount of the "each occurrence" and "annual aggregate" limits of the insurer's or group's liability; if the amount of coverage is different for different types of coverage or for different underground storage tanks or locations, indicate the amount of coverage for each type of coverage and/or for each underground storage tank or location], exclusive of legal defense costs. This coverage is provided under [policy number]. The effective date of said policy is [date].

b. The insurance afforded with respect to such occurrences is subject to all of the terms and conditions of the policy; provided, however, that any provisions inconsistent with Clauses i-v of this Subparagraph are hereby amended to conform with Clauses i-v.

i. Bankruptcy or insolvency of the insured shall not relieve the ["insurer" or "group"] of its obligations under the policy to which this endorsement is attached.

ii. The ["insurer" or "group"] is liable for the payment of amounts within any deductible applicable to the policy to the provider of corrective action or a damaged third party, with a right of reimbursement by the insured for any such payment made by the ["insurer" or "group"]. This provision does not apply with respect to that amount of any deductible for which coverage is demonstrated under another mechanism or combination of mechanisms as specified in LAC 33:XI.1111-1123.

iii. Whenever requested by the administrative authority of the Department of Environmental Quality, the ["insurer" or "group"] agrees to furnish to the administrative authority a signed duplicate original of the policy and all endorsements.

iv. Cancellation or any other termination of the insurance by the ["insurer" or "group"] will be effective only upon written notice and only after the expiration of 60 days after a copy of such written notice is received by the insured.

[Insert for claims-made policies:

v. The insurance covers claims for any occurrence that commenced during the term of the policy that is discovered and reported to the ("insurer" or "group") within six months of the effective date of the cancellation or termination of the policy.]

I hereby certify that the wording of this instrument is identical to the wording in LAC 33:XI.1115.B.1 and that the ["insurer" or "group"] is ["licensed to transact the business of insurance or eligible to provide insurance as an excess or surplus lines insurer in one or more states"].

[Signature of authorized representative of insurer or risk retention group]

[Name of person signing]

[Title of person signing], authorized representative of [Name of insurer or risk retention group]

[Address of Representative]

2. Certificate of Insurance

Name [name of each covered location]:

_______________________________________________

Address [address of each covered location]:

_______________________________________________

Policy Number:

_______________________________________________

Endorsement (if applicable):

_______________________________________________

Period of Coverage [current policy period]:

_______________________________________________

Name of [insurer or risk retention group]:

_______________________________________________

Address of [insurer or risk retention group]:

_______________________________________________

Name of Insured:

_______________________________________________

Address of Insured:

_______________________________________________

Certification

a. [Name of insurer or risk retention group], [the "insurer" or "group"], as identified above, hereby certifies that it has issued liability insurance covering the following underground storage tank(s):

b. The ["insurer" or "group"] further certifies the following with respect to the insurance described in Subparagraph a:

i. bankruptcy or insolvency of the insured shall not relieve the ["insurer" or "group"] of its obligations under the policy to which this certificate applies;

ii. the ["insurer" or "group"] is liable for the payment of amounts within any deductible applicable to the policy to the provider of corrective action or a damaged third party, with a right of reimbursement by the insured for any such payment made by the ["insurer" or "group"]. This provision does not apply with respect to that amount of any deductible for which coverage is demonstrated under another mechanism or combination of mechanisms as specified in LAC 33:XI.1111-1123;

iii. whenever requested by the administrative authority of the Department of Environmental Quality, the ["insurer" or "group"] agrees to furnish to the administrative authority a signed duplicate original of the policy and all endorsements;

iv. cancellation or any other termination of the insurance by the ["insurer" or "group"] will be effective only upon written notice and only after the expiration of 60 days after a copy of such written notice is received by the insured;

[Insert for claims-made policies:

v. the insurance covers claims for any occurrence that commenced during the term of the policy that is discovered and reported to the ("insurer" or "group") within six months of the effective date of the cancellation or other termination of the policy.]

I hereby certify that the wording of this instrument is identical to the wording in LAC 33:XI.1115.B.2 and that the ["insurer" or "group"] is ["licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states"].

[Signature of authorized representative of insurer]

[Typed name]

[Title], authorized representative of [name of insurer or risk retention group]

[Address of representative]

C. Each insurance policy shall be issued by an insurer or a risk retention group that, at a minimum, is licensed to transact the business of insurance or eligible to provide insurance as an excess or surplus lines insurer in one or more states.

La. Admin. Code tit. 33, § XI-1115

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Underground Storage Tank Division, LR 16:614 (July 1990), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 441624 (9/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.