Insurance – Limitations – Liabilities

Are you one of the Environmental Consulting Companies and/or Environmental Professionals paying more for your environmental database products than you have to (due to overzealous marketing) and don’t know that you are actually increasing your Company’s Environmental Risk and Liability?


There are several companies that provide environmental due diligence products [RecCheck (radius search), Environmental Screens, RSRA packages, Phase I templates, Etc.] to the Environmental Consulting Community. The biggest company (the 900 lb. Gorilla) is very well known and has been in business the longest of any of these companies. Of these companies, ERS – Environmental Record Search is the ONLY ONE that provides you with an actual reduction in YOUR environmental liability and risk. ERS – Environmental Record Search, doesn’t just say we have the most complete, current and accurate environmental data set Nationwide, but we back it up!


What does the above statement truly mean in relation to YOU?


  1. If you’re current environmental data/ report vendor provides your Company with $30 million of General Liability and/or Errors and Omissions Insurance (professional liability), does this protect you and your Environmental Company? NO!

Why not?

You are buying environmental information, products, services, consulting and environmental opinions for a Phase I Environmental Site Assessment in most cases. The policy form must include Environmental Liability [CPL (Pollution)] for the Errors and Omissions Insurance (Professional Liability). Almost ALL General Liability and/or Errors and Omissions Insurance (Professional Liability) EXCLUDES anything ENVIRONMENTAL unless expressly stated and purchased. Therefore, if your provider misses a known site, spill, leak, etc. on the subject site, your COMPANY has NO recourse!   Any cleanup, remediation, etc. is your responsibility upon a Phase I coming back to you because of the database report. Their report affords you absolutely NO Risk Reduction and may have actually increased your Risk and Liability!

*Does ordering from ERS-Environmental Record Search protect your company? YES!


ERS – Environmental Record Search has $3,000,000 of Environmental General Liability and/or Errors and Omissions Insurance (Professional Liability). In addition, ERS’s insurance specifically covers all our Environmental reports and ERS can provide a Certificate of Liability Insurance for each and every RecCheck (radius search) report and all other Reports! Click on the following link to get your copy of our Certificate of Environmental Liability Insurance. Make sure your VENDOR’S insurance certificates states “ENVIRONMENTAL” directly on the certificate and in relation to the General and Professional liability! ERS – Environmental Record Search’s certificate of insurance clearly states for environmental.

Ask your Database Company for a copy of their Insurance Certificate NOW!

Just because they say they have ENVIRONMENTAL insurance

doesn’t mean they do!

  1. Liability limitations also virtually make any insurance coverage worthless. The 900 lb. Gorilla states the following in each and every environmental report provided to its clients: “Any liability on the part of the 900 lb. Gorilla Inc. is strictly limited to a refund of the amount paid for this report.” So, if you PAID $100 for the report you will receive $100 for their negligence and have to redo the Phase I and/or remediate the site. Good Luck!

ERS-Environmental Record Search backs you up and stands behind our data with $3,000,000 of Environmental General Liability and/or Errors and Omissions Insurance (Environmental Professional Liability).

Other Database Companies state that they correct the data, geocodes and other information, but, do not stand behind the data. What good is the data! How can you rely on any data other than ERS-Environmental Record Search’s data! The Companies that do not stand behind their data, don’t care if its correct or not and are not motivated to be accurate!

  1. Most banks, SBA, agencies, and/or the Standards require the Environmental Consulting Firm completing a Phase I Environmental Site Assessment to have in place a minimum of $1,000,000 of Environmental General Liability [Environmental Liability (CPL Pollution) and/or Environmental Errors and Omissions Insurance (Environmental Professional Liability)]. This coverage is intended to cover the entire Phase I report.   If your database (radius search) company does not have Environmental Insurance, YOU are covering their report for them! Their reports are used by you, relied upon by you, and always included with your Phase I by you.   Making a statement in your Phase I stating “supplied by others” does not relieve you of your liability, especially if you haven’t verified that they have the proper Environmental Insurance. Do YOU check every single listing, details, database and actual paper files of your database companies report? Of course not! COST prohibitive!

Their report afforded you absolutely NO Risk Reduction and has actually increased your Environmental Risk and Liability! ERS-Environmental Record Search backs you up and stands behind YOU!

Limitations (Report)

Several of the database firms providing radius search reports have highly onerous limitations of the use of their reports, virtually making it so you cannot stand behind their data and representations at all. But, yet they lead you to believe that they check each and every record, listing and report before the report goes out (billions of records). IMPOSSIBILITY! ERS-Environmental Record Search tells you the truth! Examples of their marketing:

  1. Excessively extreme limitations of use statements within the Environmental Database Report (radius search) virtually make the report worthless unless you check all the data yourself and you are an Environmental Professional. The 900 lb. Gorilla makes the following statement: “disclaims any such warranties or fitness for a particular use or purpose” for all their reports. Does this mean your Company should not use their report for your radius search data and/or Environmental Due Diligence? ERS – Environmental Record Search stands behind its reports!
  1. Some database Companies state the following: You accept this report in an “AS IS” condition and state the following: “Any estimates, analyses, details, plotting, mapping, ratings, environmental risk levels, or risk codes provided are for illustrative purposes only” and “all information provided should not be interpreted as providing any environmental risk level or decision for the property”! Then the 900lb Gorilla seems to imply: Only a Phase I Environmental Site Assessment completed by an Environmental Professional can determine the risk for any property. WHY buy their products? THEY DON’T COVER YOU AT ALL. Your Company actually assumes ALL the RISK for the data and professional opinions they provided to you! ERS-Environmental Record Search REDUCES YOUR RISK and covers you with an actual ENVIRONMENTAL insurance policy covering ENVIRONMENTAL!

In-addition, ERS-Environmental Record Search provides you with the COMPLETE DATA of each listing BY NOT ONLY GEO-CODING THE ADDRESS!   ERS provides a map showing the agency- supplied listed site location (geo-code) provided by the agency. NO other database firm does this! Call us and we will explain why this is so important!



WWW.RECCHECK.COM   800-377-2430


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