Fertilizer Contamination

Acknowledgement to XL Environmental

THE CLAIM
Soil sampling activities at an XL insured’s facility indicated low levels of fertilizer constituent contamination over a large percentage of the site. Sampling results were submitted to the state regulatory agency which required a corrective action plan (CAP) be submitted for approval, subsequent site excavation and remediation. A toxic tort lawsuit was also filed by local residents claiming bodily injury from the contamination.

THE RESPONSE
XL’s environmental claims counsel and a technical consultant worked with the insured in monitoring the site investigation and clean-up activities performed by a third party environmental consultant. Groundwater monitoring wells were installed and soil and groundwater sampling for fertilizer and pesticide constituents was performed. Contaminated soil excavation and disposal and groundwater monitoring for natural attenuation of nitrate contamination was also completed.

Local defense counsel was also retained to defend the insured with respect to the toxic tort lawsuit.

THE SOLUTION
The insured’s Pollution and Remediation Legal Liability Policy paid over $750,000 for costs and expenses associated with the investigation, site remediation and resolution of the toxic tort lawsuit.

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