About Us

OVERVIEW

Alba (fka Hill & Kehne) was created in 2004 and brings decades of surplus lines environmental insurance brokering, legal services, and expert consulting and witness services to help clients address environmental issues. We have negotiated, manuscripted, and/or bound hundreds of environmental insurance policies, contracts, and other risk transfer mechanisms.

SURPLUS LINES INSURANCE BROKERING

Unlike over 90% of other insurance policies, environmental policies are “surplus lines” products. This means that their language and other terms are not reviewed by state insurance commissioners or any other regulators.

Thus, as with any other important and customized contract, each policy must be carefully reviewed and modified to ensure that it fits an insured’s unique needs (or at least so the insured is aware of what risks a policy does not cover … and therefore that the Insured(s) may want to shift or otherwise manage, such as through contractual transfer).

Alba was founded to enable Insureds, at their option, to obtain legal services (e.g., policy review and modification, and legal advice regarding same) from the same entity that serves as their surplus lines insurance broker. This confluence is particularly appropriate for surplus lines policies, whose language and other terms must be analyzed and customized to address risks left unaddressed by remediation contracts, purchase-and-sale agreements, and other legal documents that are integral to a transaction.

SERVICES AND TOOLS

Services and tools that Alba has provided or used to help clients include:

  • Environmental Insurance Brokering: Either alone or in combination with FPCs, environmental insurance is often the best tool to transfer the risks of cleanup cost overruns, toxic tort claims, business interruptions, liabilities for off-site waste disposal, and other risks.
  • Fixed-Price Contract (FPCs) for environmental cleanups. In most cases, FPCs maximize cleanup cost certainty, minimize risk, and reduce management, litigation, and other transactions costs. In most cases FPCs will actually reduce cleanup, insurance premium, and other associated costs. They are ideally suited for cleanups (or portfolios of cleanups) where the expected cleanup costs exceed $8M.
  • Regulatory Work: Having started as a DOJ Trial Attorney representing EPA, and worked with EPA in a variety of roles (e.g., private attorney; General Counsel of the U.S. Treasury- and EPA-created RACER Trust), Michael Hill has significant experience in working with regulators to help clients accomplish cleanups and/or property transfers/redevelopment in an efficient and otherwise constructive manner

MICHAEL O. HILL

Photo of Michael Hill, 2015.08Michael has been fully involved in environmental insurance since 1998, and fully involved in environmental law as well since 1986. Licensed as a surplus lines insurance broker and as an attorney, he previously served as Chairman of Marsh, Inc.’s Environmental Practice (then the world’s largest), as partner in a large Washington, D.C. law firm, and as a Trial Attorney with the U.S. Department of Justice. For two years and while still leading Alba, Michael served simultaneously as Chief Operating Officer and General Counsel of the $773M Environmental Trust established by the U.S. Government, 15 State and Tribal Governments, and the U.S. Bankruptcy Court to remediate and redevelop the 89 industrial properties left behind in the GM bankruptcy.

Michael graduated from Williams College, he attended Vermont Law School for his first year of law school, and he graduated from Yale Law School, where he served as editor of the Yale Law Journal. Michael is a member of the bar in New York, Vermont and Washington, D.C.

Full Profile for Michael Hill, 2017-11