RT ECP: Claims - Contr Pollution Liab

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 […]

February 8, 2019

San Francisco gas explosion shoots fire that burns buildings

Source: https://www.fireengineering.com, February 6, 2019 A gas explosion in a San Francisco neighborhood shot flames into the air for hours Wednesday and burned five buildings, sending panicked residents and workers fleeing into the streets. It took utility crews more than two hours to put out the fire after private construction workers cut a natural gas […]

January 9, 2019

Millbrook students ‘home’ after months-long mold cleanup, repairs

Source: https://www.poughkeepsiejournal.com, January 9, 2018 By: Nina Schutzman A Millbrook district elementary school is open again, nearly four months after shutting down for mold remediation and renovations. And for Elm Drive Elementary’s 160-plus students, the re-opening of their building brought a fresh start and a homecoming. Elm Drive had been closed since September. While remediation and […]

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