Pollution Liability

Case Study

• West Virginia pollution

  In a high-stakes case involving coverage under a pollution legal liability policy, we presented issues of first impression and secured summary judgment in West Virginia federal court. The underlying class action case alleged injury and damage from exposure to carbon black from a manufacturing facility.

• Represented global insurer in dispute over coverage for claim by Alaska Department of Environmental Conservation against the insured trading post for releasing hazardous substances into the environment from retail storage tanks containing gasoline and diesel, resulting in soil contamination of site owned by insured.
• Obtained advantageous, confidential settlement of claim involving alleged violations of the Clean Air Act and responsive remedial measures.
• Secured favorable settlement for insurer in litigation against a wholly-owned corporation of the United States of America regarding alleged coverage for environmental cleanup at the Presidio of San Francisco under remediation "stop loss" and environmental liability insurance policies.
• Provided coverage valuation and successfully resolved coverage dispute arising from an EPA enforcement action, seeking remediation costs in connection with asbestos contamination attributed to the insured's allegedly improper removal and disposal of concrete asbestos pipe.
• Obtained summary judgment, and affirmance at appellate level, based on the trial court finding that a constellation of claims relating to the insured’s abandonment of cathode ray tubes in rented warehouses did not fall within coverage of the client’s pollution liability policy on basis that the claim was made prior to the policy period, the alleged clean-up costs were not because of a pollution incident, the alleged pollution incidents at one property were before the retrospective date, and two exclusions applied. 
• Represented insurer in coverage disputes over Pollution and Remediation Legal Liability coverage for claims against insured landfill owners and operators.
• Secured favorable resolution for pollution legal liability insurer over claims under Ohio and Texas law regarding investigation and remediation costs incurred to comply with U.S.E.P.A. directives.
• Analyzed pollution liability coverage arising from release of fire-retardant foam at Brisbane airport.
• Successfully obtained summary judgment holding that property developer's claim for amounts incurred to repair shoring of excavation site were not "restoration costs" under pollution liability policy.