Acknowledgement to XL Environmental
THE CLAIM
Our insured, a mechanical contractor, was retained as a subcontractor during the construction of a medical center. The insured subcontracted the underground storage tank (UST) installation, fuel line connections to the existing building, and associated engineering work to another contractor. Part of that subcontracted work included the removal of soil that was initially placed over the fuel line and replaced with a more protective concrete layer. After this work was complete, a leak in the fuel line was discovered. More than 1,500 gallons of fuel entered the fuel line trench and migrated under the adjacent building pad of the new medical center wing.
THE RESPONSE
XL’s environmental claims department provided an immediate response, uncovering evidence that the leak was caused when the soil was removed and replaced with concrete. Additional evidence showed that the leak detection system was not properly functioning so when the fuel was released, no alarm sounded and the pump did not automatically shut down. It was determined that if the leak detection system had operated properly, only 500 gallons of fuel would likely have been released.
THE SOLUTION
Our insured’s subcontractor was at fault because they hit the fuel line when removing soil and/or pouring concrete. In addition, the leak detection system design which they were responsible for did not function properly. This resulted in liability for our insured. XL paid approximately $700,000 under the insured’s Contractor’s Pollution and Professional Liability Policy to complete remediation and two years of on-site monitoring expenses, thus, keeping the project schedule on track and avoiding further liability associated with delays.