Acknowledgement to XL Environmental THE CLAIM A claim was made by a tenant of and against an XL insured real estate holding company. The claim was for the presence of microbial (mold) growth in two warehouses on an insured property. THE RESPONSE XL’s environmental claims counsel retained an analytical forensics firm on the insured’s behalf […]

Acknowledgement to XL Environmental THE CLAIM A potential buyer of an XL insured’s property conducted a due diligence investigation, revealing several areas of hydrocarbon contamination in the soil. Based on these conditions, the sale of the property fell through. Subsequently, a geophysical survey identified the existence of a previously unknown, leaking underground storage tank (UST) […]

Acknowledgement to XL Environmental THE CLAIM Litigation was initiated by a water district against three companies for Freon contamination of a water supply well used by local residents. These three companies, in turn, filed a third-party claim against the insured as the prior owner of the facility from which the contamination discharged. Freon, which was […]

Acknowledgement to XL Environmental THE CLAIM An XL insured purchased a Pollution and Remediation Legal Liability Policy for a real estate portfolio comprised of commercial sites. At one insured location, there was an incident involving a mechanical failure in the control cabinet of an elevator car. The mechanical failure of the elevator car caused a capacitor […]

Acknowledgement to XL Environmental THE CLAIM An XL insured purchased a property formerly used as an independent testing facility for a wide range of aerospace, military and commercial purposes. The insured’s intention was to re-sell the property to a developer for residential housing. Litigation was filed by more than 90 nearby residents claiming bodily injury […]

Acknowledgement to XL Environmental THE CLAIM An XL insured entered into a transaction to sell an office building to a developer. The property was previously used as a newspaper/printing operation. As the potential buyer of the property, the developer had environmental studies done on the property. During the studies, trichloroethylene (TCE) was discovered in the soil […]

Acknowledgement to XL Environmental THE CLAIM An XL insured facility manufactured medical diagnostic and scientific instruments for more than 50 years. Our insured was consolidating its operations and moving the facility to another of their locations. Our insured conducted a Phase I Environmental Site Assessment on the property in anticipation of selling the property. A […]

Acknowledgement to XL Environmental THE CLAIM An XL insured, a battery manufacturing plant, closed its operations after operating at a property for 50 years. Buildings on the insured’s site were demolished and lead soil remediation was completed. Subsequently, while preparing their property for sale, an adjacent property owner discovered lead contamination. The highest soil concentrations […]

Acknowledgement to XL Environmental THE CLAIM An XL insured, a gas station, was contacted by the county health department following an odor/taste complaint by a customer who had purchased a beverage from the store. The insured’s potable well was tested, revealing methyl tertiary butyl ether (MTBE) in concentrations that were twice the state actionable level. […]

Acknowledgement to XL Environmental THE CLAIM A cement manufacturing facility, an XL insured, operated a site for over 100 years. During that ownership, our insured historically had disposed of cement kiln dust on site. The dust pile was closed under state consent order in the late 1980s, requiring capping and groundwater monitoring. Some 20 years […]

Acknowledgement to XL Environmental THE CLAIM A carbon black manufacturing plant, insured by XL, experienced an oil spill on their property. The spill was the result of a broken supply line in an aboveground storage tank located on the property. Seven hundred barrels of oil were released into ditches on both sides of a roadway […]

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 […]