RT ECP: Claims - Pollution Legal Liab

April 1, 2025

Mold

Source: https://www.greatamericaninsurancegroup.com/ A general contractor, building a large senior living complex using wood frame construction, experienced frequent rains during the early stages of construction. Unfortunately, this led to delays in the work, allowing the wood frame to be exposed to the weather for extended periods. As a result, water damage and significant mold growth occurred. […]

March 26, 2025

Georgia Federal Court Applies “Fungi or Bacteria” Exclusion and Holds Insurer Owed No Duty to Defend Mold Exposure Wrongful Death Suit

Source: https://www.jdsupra.com/, March 25, 2025 By: William Craven & Brenden Dougherty, Akerman LLP In Nationwide Property & Casualty Insurance Company v. Hampton Court, L.P., et al.[1] the United States District Court for the Northern District of Georgia granted an insurer’s motion for judgment on the pleadings that it owed no duty to defend an underlying suit […]

March 24, 2025

Site Redevelopment

Source: https://www.greatamericaninsurancegroup.com/ A site which had been purchased five years prior and insured under a premises policy was being redeveloped into multi-family residential units. During the development process, soil was being removed from the basement and testing revealed lead and other wastes. Upon further testing, a “hot spot” was identified that required removal and disposal […]

March 24, 2025

Recycling Facility Causers Solvent Contaminated Groundwater

Source: https://www.greatamericaninsurancegroup.com/ Workers in a municipal building, located near a solvent recycler, started to notice a suspicious odor. After investigation, it was determined that the vapors were caused by solvent contaminated groundwater underneath the recycling facility as a result of improper historical practices of storage disposal. The workers claimed the solvent vapors were both fire […]

March 20, 2025

Municipal Water Supply Contaminated

Source: https://www.greatamericaninsurancegroup.com/ A manufacturing company performed routine drum washing operations. Over time, solvent laced wash water migrated through cracks in the concrete and into the subsurface soils and groundwater. The plume of solvents traveled off site and contaminated a nearby municipal water supply well. Costly remedial technology had to be implemented to provide safe drinking […]

March 19, 2025

Airport to Contribute Financially After Superfund Site Investigation

Source: https://www.greatamericaninsurancegroup.com/ A city was involved in investigating and incurring defense costs over the past decade from a superfund site which was listed on the National Priorities List (NPL) – the priority list of hazardous waste sites in the United States eligible for long-term remedial investigation and action. An airport, a quasi-public entity, located within […]

March 19, 2025

Highway Expansion Project Leads to Contamination for Nearby Homeowners

Source: https://www.greatamericaninsurancegroup.com/ The insured was a state turnpike commission. The turnpike was undergoing a highway expansion project and throughout the course of the project rainwater runoff diverted to property owners, allegedly causing sediment and debris to damage to natural spring water. In addition, the pumping of fly ash and grout into abandoned coal mines to […]

March 19, 2025

Dry Cleaner Likely Source of Contamination

Source: https://www.greatamericaninsurancegroup.com/ A city was directed by the Regional Quality Water Board to detect the source and extent of Perchloroethylene (PCE) and Trichloroethylene (TCE) contamination in sewer piping which was detected under several major roadways. The city conducted a costly environmental site investigation and provided a report to the Water Board about a likely historic […]

March 17, 2025

Fuel Tank Leaks Contaminating Soil

Source: https://www.greatamericaninsurancegroup.com/ A company leased a hydraulic boom lift for a construction project. The lift was stationed and sat vacant at the job site for two weeks. When the lift was moved, they discovered that the diesel fuel tank had been leaking onto the ground, contaminating the surrounding soil. Authorities were notified, requiring an investigation […]

March 17, 2025

Manufacturing Error Leads to Ventilation Fan Malfunction

Source: https://www.greatamericaninsurancegroup.com/ A contractor for a PERC dry cleaner installed a ventilation fan system in its vapor barrier room. The ventilation fan was intended to collect vapor and exhaust it through the stack above the building, relieving dense buildup. The fan was installed correctly; however, due to an alleged manufacturing error, the fan malfunctioned. Unfortunately, […]

March 17, 2025

Toxic Chemicals Seep From Manufacturing Equipment

Source: https://www.greatamericaninsurancegroup.com/ The manufacturer of a rubber piping sealant was named as a defendant in a lawsuit. It was alleged that at a site where its product was used, liquid toxic chemicals seeped from the manufacturing equipment. As a result of the chemical seep, the toxic discharge migrated into the soil and groundwater outside of […]

March 14, 2025

Improperly Installed HVAC System Leads to Mold

Source: https://www.greatamericaninsurancegroup.com/ A mechanical contractor recently installed a HVAC system in an assisted living facility. The system was improperly installed, which caused mold growth in a number of residences. The facility was forced to relocate several patients during the repair of the system, and renovate the moldy building materials. A claim for cleanup costs and […]

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