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About the pollution problem of responsibility
December 1980, congress passed a law, establish the cleanup pollution homework base Super Fund (Super Fund). According to the provisions of laws, the federal government from the epd will cause pollution or amortization of responsibility without recourse clear expenses. Each year the federal government allocated billions of dollars from the budget for the EPA (EPA), as the operation cost and recover fund.
Although business liability insurance policy does not cover the sudden accident and the responsibility of the environmental pollution in the United States, but the Common custom (my) of the legal system, when insurant, such as oil companies and chemical companies pollution by government responsibility for, they will be in commercial insurance liability under to insurance company claim for compensation, including business liability or directors and management personnel in the liability insurance policy.
From the start, the property of last century and liability company for environment and asbestos pollution liability of the amount of indemnity as seven, eight billion dollars. Due to the environmental pollution, the insurance company for more than reparations effectively cope with these reparations, every year to increase the pollution liability reserve. The federal government in 1995 in the designated rack cleaner is needed, the base 1290 estimated more than 2000 now. The federal government has not been included in the list of urgently needed to remove the base about more than 4000.
If a conservative estimate, remove a pollution base, including the base of the above and below the pollution property resources to remove $20m, 5,000 base removal fees including processing fee will need more than 1000 billion dollars. The huge costs for companies and government is a great burden. Therefore, the government and the pollution is to seek the base person get compensation from the insurance company. Court in handling these pollution liability, in which state of pollution, which is generally in the court trial state. Court larger international company, the pollution liability is case with more or less local color.
How to explain clearly sudden accident and the pollution problem, the California Supreme Court in 1998 Aydin Corporation and the First trial of the case State insurance company, seven judges have four think First State insurance company for the gradual formation is the effective provision except pollution, unless the assured can prove that the gradual formation of pollution, but not the sudden accident and. California's case greatly encouraged the I urance sectors, strengthen their confidence of prevail. So far, Delaware, Massachusetts, Minnesota and New York in this aspect of the verdict of I urance sectors.
At present, some of the United States congress and source of super fund, puts forward a new reform plan. But the interested parties to this debate, reform progress has been slow. Interested parties to debate mainly: super fund sources are mainly from pollution tax levied responsibility pollution? Pollution from the pollution responsibility person, but they could not by the way of insurance will cover onto the special environment pollution insurance company? Super fund law into effect can be clear responsibility before be investigated? The government somebody thinks, if continued by government funding, equal with tax money to remove the person of pollution, toxic substance in politics. Actually the U.S. has now this special coverage of the pollution of the environment responsibility Environmental Liability insurance (resulted. But due to the product price is high, the insurance company requires strict restrictions, product sales very slowly.
Product liability issues
The United States is developed capitalist countries, commodity (products). Product manufacturer if no product liability insurance, or other forms of credit guarantee, he wouldn't dare to their goods or products into the sales channels. If a customer from the super market to buy a drink beer, causing the metamorphic bad belly, he can in court accused the supermarket or manufacturer. If the customer is in the hotel, or drink broken stomach illness, he will be poisoned accused the restaurant owner, in order to get reasonable compensation.
In order to avoid SuoPeiAn happened to him, manufacturers usually produced products or commodities packaging with detailed instructions and special attention. Some products in the outer packing instructions, can the product will be attached to the specifications and special attention. For those ready-to-eat foods, medicines, wine, beverage, government's food and drug administration (FDA) has special provisions, such as the product of the production date, composition, the longest minimal etc. Otherwise, once produce casualty accidents, the victim of this product will be to the production and sale of all or any party sued.
In recent years, the products liability in the United States, claim the amount of SuoPeiAn has caused more and more is also high, the American people from all walks of life's attention. Since the 1990s, the previous government in American products liability scream. It is predicted that whether the product liability law reform, how to other products of the jury system and strict liability, plenty of evidence before the trial work not completely cancel. Foreign products to enter the American market is the first need, the exporter or importer of local products liability insurance, approved products liability or other credit guarantee, Second is the product details and instructions and other special hints. Those who need to use special hints about the tip of the product, font, color, shape, size, tip position has strict requirements, etc.
Since the 1980s, China began to U.S. markets and fireworks product export some bikes. The people's insurance company of China covers most of the Chinese exporters product liability insurance.