Any company which, because of its nature of activity of production, storage or transport of materials likely to harm the environment can now see its responsibility committed toward indivuduals or whole society.

An enterprise's "environmental damage" liability may be incurred if, following an accident resulting in an environmental damage to the environment, it has caused injury, material or immaterial damage to one or more identified third parties.

The mere fact that the company's activity pollutes (or even threatens to pollute its immediate environment) is enough to put its environmental RC at stake. Indeed, even if the damage is not proven but if the threat is imminent (that is to say when the environmental damage is not yet effective but it is necessary to act quickly to prevent it or at least to limit the effects), the responsibility of the company can be questioned.

In this case, the company may be put in default by the prefectural services to take measures to prevent, limit and repair the environmental damage to the natural heritage.

Generally, the "pollution" part of the company's professional contract covers only the damage resulting from a sudden, unexpected and accidental event and in no case the pollution that gradually occurs, and whose effects will only be felt little by little as the days go by.

The company that presents no particular risk (no industrial site or storage) and not subject to prefectural authorization may be satisfied with the "pollution" guarantee of its professional liability insurance.

On the other hand, to cope with the compensation of third-party victims or to cover the costs of measures imposed by the public authorities, companies whose activity is more sensitive to the risk of damage to the environment may subscribe to specific insurance contracts.