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Contact Ashley Tobias,
(940) 704-4556 for more details.

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time element comparison

Time Element says the incident must be known to the insured within a certain number of days and reported to the insurance company within a certain number of days. Travelers form says first known within 30 days and reported within 90 days; ACE says first known within 30 days and reported within 60 days; and Chartis says first known within 7 days and reported within 21 days. These Time Element requirements can be very limiting to the insured and can cause E & O exposure for the agent.

To the contrary, the BITCO Stand-Alone Pollution Policy simply says the "pollution incident" commences on or after the Retroactive date shown in the declarations. This means any incident beginning prior to that date is not covered as would be expected. There is NO Time Element limitations in the BITCO Policy.

definition of a pollution incident comparison

Travelers, ACE, and Chartis forms defines it as being sudden and accidental, abrupt, and unexpected or unintended by the insured while occurring during the Policy Period and reported to the company within the Time Element.

To the contrary, the BITCO Policy says the Pollution incident commences on or after the Retroactive date and has NO Time Element factor and does not have sudden and accidental wording. 

excess policy wording comparison

Travelers, ACE, and Chartis use the same wording as the primary in the excess.

To the contrary, only with First Mercury Excess policy can we provide the broad pollution wording. The First Mercury Follow Form Excess provides the same terms and conditions up to $10,000,000 limit as the BITCO primary policy.

 Last Day OF coverage comparison

If the policy moves from Travelers, ACE, or Chartis and the insured has a pollution incident that occurs in the last day of coverage, the insured would still be subject to the Time Element reporting provisions.

To the contrary, the BITCO form allows for a one year extended reporting period for those instances. This would be much broader than the Time Element wording.

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