Class Action Lawsuit for TCE Contamination

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 and property damage as a result of trichloroethylene (TCE) contamination emanating from the subject property.

XL‘s environmental claims counsel retained local defense counsel to defend the insured. Defense counsel undertook an exposure evaluation and made reductions for the percentage of exposure that occurred prior to the insured’s ownership. XL claims counsel worked closely with the insured to accurately assess the insured’s liability.

The litigation ultimately settled. The insured’s Pollution and Remediation Legal Liability Policy paid $800,000 for all costs and expenses associated with the contamination attributable to the insured.

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