Umwelthaftung, Umwelthaftpflichtversicherung und Umweltschutz

It is accepted in jurisprudence that liability has — as a side-effect — the aim to prevent damages, but up to now there has been no scientific proof that it works. There is no dispute that liability in tort is suitable for prevention, some approaches making cuts on the suitability of strict liability for this purpose. If liability insurance coverage is reasonable it is advantageous to the environment. German pollution liability coverage conditions at least provide adequate avenues: The insured is urged to present a risk index which is important for a risk analysis relevant to the current situation. The duty to give notice of claim and to acquire instructions from the insurer can help to minimize damage. The insurer has the right to ask the insured to improve his precautions. It would also deter environmental hazards if minor pollution which does not result unexpectedley or accidentally as well as misfeasance is excluded. The inclusion clause for such pollution and for developmental risks is not effective if the insured does maintain high safety and prevention standards. However it is counterproductive that, in the insurer’s understanding, salvage costs are not covered and at the same time they are not included in the environmental liability coverage.