RT ECP: Claims - Contr Pollution Liab

April 2, 2019

Completion of high school project delayed another year

Source: AXA XL Environmental To achieve the completion date on a school project, the GC accelerated its schedule, allowing the drywall contractor to start before the building envelope was completed. Rain damaged a majority of the installed drywall as well as the materials stored on site. This resulted in $2 million in repair costs and […]

April 2, 2019

Local bank faces both asbestos and mold cleanup

Source: AXA XL Environmental A GC renovating a bank hired an asbestos abatement contractor. As part of their final cleanup process on a Friday, the abatement contractor utilized a high-pressure wash, resulting in saturated carpets, ceilings and walls. Materials remained saturated over the weekend while the HVAC system remained turned off. The GC was greeted […]

April 2, 2019

Renovations at school result in bodily injury claims

Source: AXA XL Environmental A GC was renovating an elementary school. During the course of work, dust from concrete cutting set off the fire alarms. Parents of students filed a claim against the general contractor for bodily injury due to fear of contracting silicosis. Although the GC was not held liable for causing a pollution […]

April 2, 2019

Contractor causes property damage to building

Source: AXA XL Environmental A GC used muriatic acid while performing concrete etching in a commercial building. The highly corrosive fumes from the acid were not properly contained and were released into the building damaging the newly installed chrome fixtures. As a result, the GC was responsible for $75,000 in property damages.

April 2, 2019

Contractor destroys company’s heating/air conditioning system

Source: AXA XL Environmental A GC removed lead-based paint from a commercial building. The contractor isolated the work areas with containment; however, the HVAC system was not disconnected. The dust generated from the lead removal operations clogged the heating coils of the HVAC system in the building. The contractor was liable for replacing the HVAC […]

April 2, 2019

City workers sickened

Source: AXA XL Environmental A GC was renovating a municipal government building and did not properly contain the area to minimize seepage of fumes from materials utilized and emissions from gas-powered generators and equipment. Ten separate bodily injury claims were filed when employees complained of headaches, nausea and respiratory  problems due to unsafe air quality […]

April 2, 2019

Homeowner finds sewage in drinking water

Source: AXA XL Environmental A subcontractor improperly tied-in sewage piping during installation causing raw sewage to migrate into the underlying ground, contaminating a nearby water well. The general contractor was subject to defense costs exceeding $25,000 as well as property damage and bodily injury claims.

April 2, 2019

Employees are hospitalized after installation of new carpets

Source: AXA XL Environmental A GC installed new carpeting in an office building. One week after installation, the building owner informed the contractor that employees were complaining of headaches and dizziness. This was attributed to the odors from the new carpets. The general contractor could not prove that the manufacturer of the carpet or the carpet […]

April 2, 2019

Employee injured during building renovations

Source: AXA XL Environmental A GC added a curing agent to a concrete utility trench it had poured. The curing agent emitted vapors containing xylene. When an employee at the facility entered the enclosure, he was overcome by the vapors, became dizzy, and fell into the trench, sustaining various injuries. The employee filed suit against […]

March 26, 2019

New Jersey homeowners say dream home turned into a nightmare

Source: https://pix11.com, March 22, 2019 By: Christie Duffy Rich and Tara Kazdan bought their dream home back in 2017. “It was perfect. We were going to raise our family. This is the town I grew up in,” said Tara Kazdan. But soon after, water started seeping through the walls and filling their basement, they said. […]

February 19, 2019

Damages from Natural Gas Pipe Explosion Covered

Source: https://www.irmi.com, September 2015 By: Kent Holland Where a natural gas pipe exploded due to construction workers disturbing it while working on an excavation project, the Wisconsin Supreme Court held that the resulting bodily injury and property damage was caused by a “pollution condition,” i.e., the escape of the natural gas, and that the contractor’s […]

February 19, 2019

No Duty To Defend under CPL Policy for Natural Gas Pipe Explosion

Source https://www.irmi.com, July 2014 By: Kent Holland A Wisconsin appeals court found that an insurer’s duty to defend under a contractors pollution liability (CPL) policy was not triggered by an explosion caused when a contractor hit a natural gas line. The court explained that the CPL policy only covered property damage and personal injury due […]

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