Acknowledgement to XL Environmental
THE CLAIM
A claim from the regional water quality control board (RWQCB) was initiated for the discovery of elevated levels of volatile organic compounds (VOC) in the groundwater at a garbage company landfill property of an XL insured. Disposal operations at the site had been ceased for over 20 years. VOCs were historically reported at the site upon implementation of groundwater monitoring activities upon closure. During the insured’s environmental consultant’s sampling under an approved, on-going Corrective Action Monitoring Program, unexpected elevated levels of VOCs were reported in the groundwater sampled. The RWQCB required further investigation and the implementation of a remediation work plan.
THE RESPONSE
XL’s environmental claims counsel and a technical consultant worked with the insured and the insured’s environmental consultant to prepare a remediation work plan for submittal to the RWQCB for approval.
THE SOLUTION
The insured’s Pollution and Remediation Legal Liability Policy responded to the insured’s claim report. Experienced XL environmental claims counsel and technical consultant assisted the insured and their environmental consultant with the claim asserted by the RWQCB and with the preparation of a remediation work plan to address the elevated levels of VOCs in the groundwater. All costs and expenses associated with the remediation are expected to fall within our insured’s self-insured policy retention.