Acknowledgement to XL Environmental
THE CLAIM
A class action lawsuit from 68 claimants was filed against an XL insured waste facility alleging that the insured contributed to contamination (oil residue, biocides, acids, mercury, lead, diesel fuels, metals, radioactive materials and hydrocarbons) at a waste disposal pit owned by the insured. The class action alleged that contamination from the site emanated onto the claimants’ properties, contaminating their homes, crops, livestock and personal property.
THE RESPONSE
XL’s environmental claims counsel worked with the insured to formulate a defense to the allegations and investigate the claims made. XL retained local defense counsel to defend the insured’s interests with respect to the lawsuit filed.
THE SOLUTION
XL’s claims counsel and defense counsel worked collaboratively with the insured through the discovery phase of the litigation. Approximately a year after filing the class action lawsuit, the claimants and their counsel voluntarily dismissed the action for lack of evidence against the insured. XL paid for the insured’s defense counsel fees and costs in the amount of $75,000 under the insured’s Pollution and Remediation Legal Liability Policy.