RT ECP: Claims - Contr Pollution Liab

September 3, 2010

Soil Contamination Found on Middle School Grounds

Acknowledgement to Great American A school district demolished a middle school built in the 1940’s in order to build a new school. During excavation activities, an unknown underground storage tank was discovered. Findings from an environmental study noted soil contamination. Localized groundwater contamination was found on the school property and at two adjacent residential locations […]

September 2, 2010

Mold Discovered at Local College

Acknowledgement to Great American A local college received several complaints from faculty and students about musty odors coming from the basement of a classroom building. Upon investigating and interviewing staff members, it was determined that a downward sloped walkway into the basement caused rainwater to leak into a service entrance. While the rainwater intrusion was […]

September 1, 2010

Allegations of Negligent Phase II Site Assessment

Acknowledgement to XL Environmental THE CLAIM An environmental consultant insured by XL was retained by the then owner of a parcel of land to prepare Phase I / Phase II Site Assessments in support of the sale of this land. Following the sale of the property, litigation was filed against our insured and its client […]

August 13, 2010

Vacuum Hose Failure During Fuel Tank Cleaning

Acknowledgement to XL Environmental THE CLAIM An XL insured environmental services contractor was hired to perform tank cleaning services by their client, an industrial facility. While undertaking those services, a four (4) inch hose connected to the insured’s vacuum truck failed. Forty gallons of fuel oil was released onto the ground and flowed into an […]

August 13, 2010

Underestimated Emissions Data Submitted to Regulators

Acknowledgement to XL Environmental THE CLAIM An environmental consultant insured by XL was contracted to provide environmental permitting services for its client, a manufacturer of wood products. The insured’s client planned to construct a batch plant facility and the insured was retained to assist in obtaining the required air permit. The permit was issued and […]

August 13, 2010

Faulty Groundwater Management Plan

Acknowledgement to XL Environmental THE CLAIM A construction manager (CM) retained an XL insured environmental consultant to perform hydro-geological services for the construction of two high rise residential towers. The insured prepared a groundwater management plan which included the design of a dewatering system and monitoring of the dewatering activities during excavation. After construction completion, a sinkhole and […]

August 13, 2010

Error in Cap Testing Data Submitted to Regulators

Acknowledgement to XL Environmental THE CLAIM An XL insured environmental consultant provided landfill closure services to a landfill client. The insured’s services included certification to authorities of the moisture content of the soils used in the landfill cover. Incorrect cap testing data was inadvertently used in the insured’s closure certification to state authorities. This error […]

August 13, 2010

Alleged Negligent Laboratory Analysis

Acknowledgement to XL Environmental THE CLAIM An XL insured laboratory contracted with a general contractor (GC) to provide analysis of mold spores taken from a hospital mold remediation and reconstruction project. Following a failed remediation project, the hospital sued the GC alleging various errors in the GC’s project services. The GC filed a third-party action […]

August 11, 2010

Survey Error at a Condominium Project

Acknowledgement to XL Environmental THE CLAIM A general contractor / construction manager (GC/CM), insured by XL, was hired to construct two condominium towers. The insured subcontracted the surveying work required for the two phases of the project. After the foundations and footings for Phase I were erected, it was discovered that the footprint encroached on […]

August 11, 2010

School Expansion Project Contaminates Estuary

Acknowledgement to XL Environmental THE CLAIM A general contractor/construction manager, not insured by XL’s Environmental group, was hired to construct a new wing onto an existing high school. An environmental watchdog group alleged that pollutants including sediment, sand, silt, and colloidal material resulting from the high school expansion project were discharged into a nearby estuary […]

August 11, 2010

Fuel Line Leak at Medical Center

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 […]

August 11, 2010

Design/Build Church Project

Acknowledgement to XL Environmental THE CLAIM An insured contractor was retained to build a church under the design/build construction project delivery method. After the church was completed, the owner noticed cracked concrete, uneven floor tiles, and damage to interior and exterior walls. It was determined that excessive moisture had migrated under the church, causing the […]

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