The Administration proposal originally provided for funding the new Environmental Insurance Resolution Fund (EIRF) in part by taxing retrospectively the group of CGL policies written prior to 1986 that were subject to Superfund litigation.
It seems odd that this rule, however, did not apply to the newly created EIRF "insurance fee" that could be viewed as a new tax on casualty insurance premiums.
There will also be a need to maintain the current system for PRPs who have not filed claims against insurers by January 1, 1994 or are otherwise ineligible for participation in the EIRF allocation.
This problem would continue with the EIRF allocation system if the reform legislation is passed.