What is covered?

Terrafirma covers legal costs necessary for conservation defense. These costs include attorney’s fees and expert fees for lawsuits and mediation, for both the enforcement and defense of conservation easements and fee owned land. This would cover land trust attorney and other fees where the land trust either starts the law suit or is named in a law suit. It will also cover attorney and other expert fees prior to litigation in an effort to resolve cases without unnecessary litigation. 

Does Terrafirma pay for property damage?

No. Terrafirma is not property insurance. It is conservation defense liability insurance. Payment for damages including liquidated damages is excluded. 

Does the Terrafirma policy have specific exclusions?

Yes. The policy has 33 exclusions from coverage that land trusts should carefully examine.

Can we extend the program to cover areas that are currently excluded?

If enough land trusts participate initially to make Terrafirma feasible and successful over several years, then we can examine the feasibility of expanding the program to cover some or all of these additional risks. Initially, none of these risks will be covered.

My land trust is merging. Can we assign coverage to the new land trust?

Yes! However, if there is a merger the surviving organization will need to have already enrolled in Terrafirma. If the surviving organization is a new organization, it must be eligible for Terrafirma and one or more of the merging organizations must have already enrolled in Terrafirma. It will also need to insure all of its easements or fee land, or full portfolio, not just one of the merging organizations' portfolio. 

Is coverage assignable if my land trust assigns a conservation easement during the policy period?

Possibly. An assignment of a single easement may pose additional administration issues but Terrafirma can address that individually. Contact us for further assistance if your organization has plans to do this.

Do divisions of fee land or conservation easements affect my coverage?

Yes. If you permit a property division on your land, the land that is divided and transferred to a new owner will not be covered until the division is reported to Terrafirma and an additional premium paid. This is consistent with the Terrafirma counting rules.

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