Claims – Pollution Legal Liability

January 17, 2020

Pollution exclusion means no coverage for this dry cleaner defendant

Source: https://www.canadianunderwriter.ca/, January 16, 2020
By: Greg Meckbach

A British Columbia court ruling in favour of Intact Insurance Company and Economical Mutual Insurance Company is now final.

A Vancouver-based dry cleaners that wanted to make a pollution-related claim with the two insurers, under commercial general liability policies, cannot appeal the coverage dispute to the Supreme Court of Canada, the top court announced Thursday. Read more.

December 4, 2019

Flurry of lawsuits against Seattle Children’s detail human toll from mold infections

Source: Seattle Times, December 3, 2019
Posted on: https://www.advisen.com/

The six patients came from as far as Alaska. They ranged in age from a 17-year-old girl to a 2-month-old boy. Binding them together: harm they endured after a stay at Seattle Children’s hospital, according to three lawsuits filed Monday.

The complaints against Children’s begin to tell the human stories behind the failures its executives disclosed two weeks ago, acknowledging the hospital’s air-handling system likely led to mold-based infections in 14 patients over 18 years. Six of those patients died. Read more.

December 3, 2019

Seattle Children’s facing lawsuits over mold infections

Source: https://www.kuow.org/, December 2, 2019
By: Kate Walters

Seattle Children’s hospital is facing lawsuits over mold-related deaths and infections.

One claim filed Monday on behalf of four children is seeking class action status.

The suit claims all four children were infected with Aspergillus mold while they were patients at the hospital. Three have since died. Read more.

November 19, 2019

Residents claiming vibrations from former Lakewood Hospital site damaged homes

Source: https://www.cleveland.com/, November 16, 2019
By: Emily Bamforth

Residents are claiming that vibrations from construction at the former Lakewood Hospital site are causing damage to their homes, according to city documents. The city promises to address any damage.

Lakewood officials held a meeting with residents of Belle and Marlowe Avenues adjacent to the hospital site on Wednesday to explain the vibrations coming from the site, as well as to share information about contamination found between bedrock and a floor slab in part of the former hospital. Read more.

November 12, 2019

Seattle Children’s hospital again closes some operating rooms because of mold

Source: https://www.seattletimes.com/, November 11, 2019
By: Ryan Blethen

Seattle Children’s has closed three of its operating rooms because of the same fungus that forced the shutdown of all the hospital’s operating rooms earlier this year. The hospital is also looking into two new infections caused by the Aspergillus mold. Read more.

November 11, 2019

Dry cleaning carcinogen detected in 14 homes in Burlington

Source: https://vtdigger.org/, November 4, 2019
By: Elizabeth Gribkoff

State environmental officials are looking to remediate contamination from a dry cleaning chemical found in elevated levels in 14 Burlington homes before winter.

At a joint fiscal committee meeting on Monday, lawmakers approved a request from the Department of Environmental Conservation to spend up to $150,000 from the environmental contingency fund for the work.  Read more.

November 11, 2019

Cleanup Underway at Former Cleaners Site Spreading Contaminant

Source: https://thepressgroup.net/, November 8, 2019
By: Michael Olohan/span>

A two-story office building built on the site of a former dry cleaner at 137 Broadway was knocked down recently as the first step in a long-term site remediation plan put into motion by the State Department of Environmental Protection.

“It’s PCE (perchlorethylene) contamination in shallow ground water underneath the site that’s slowly moving in the direction of a nearby bank,” DEP spokesperson Larry Hajna said Oct. 25. Read more.

September 3, 2019

California Supreme Court rules late notice no bar to insurance claims

Source: https://www.businessinsurance.com, August 30, 2019
By: Judy Greenwald

In what is described as a pro-policyholder ruling, the California Supreme Court held Thursday that it is a fundamental policy that California policyholders can proceed with their claims even if they give late notice, unless their insurer can prove it substantially prejudices it. Read more.

August 14, 2019

Wrong place, wrong time!

Source: https://www.greatamericaninsurancegroup.com, Environmental Insider Summer 2019

Be ready when life happens. These real estate claim situations illustrate the variety of environmental exposures that could affect your customers!

barrel with alert icon

Looking to expand their operations, a company purchased a large piece of property that seemed suitable for redevelopment. Prior to their purchase, the company went through proper due diligence and conducted a Phase I site assessment. The Phase I did not note any known contamination onsite, but as the company began construction, they discovered petroleum contamination from an unknown heating oil tank. As a result, construction halted and the company had to incur remediation expense.

 

bag with toxic icon next to trash can

The insured was an owner of an upscale shopping center. A dry cleaner tenant located in the shopping center was failing to adequately contain perchloroethylene (PCE) solvent canisters. The canisters were improperly stored in an exterior trash container, and over time the PCE leaked and migrated off-site. The PCE flow contaminated several adjacent residential properties, requiring extensive cleanup. The residents of the effected properties filed bodily injury and property damage claims against the dry cleaner and the owner of the shopping center.

 

hose with liquid icon

A road contactor was hired to apply a sealing coat to a new concrete garage next to a hospital. During the application of the sealant, fumes migrated into the hospital’s air intake system. Several patients and hospital staff were overcome by the fumes and became ill. Lawsuits were filed alleging bodily injury and asserting damages in excess of one million dollars.

 

 

ventilation icon

The second floor of an office building was undergoing renovation. Tenants working on the non-renovated floor complained about exposure to dust and other airborne toxins. A week later, tenants expressed that they were experiencing headaches and dizziness. Shortly thereafter, the tenants filed suit against the contractors alleging bodily injury arising from airborne contaminants entering the ventilation systems.

August 12, 2019

Deadly Legionnaires’ outbreak at Atlanta hotel is the largest on record in Georgia

Source: https://www.msn.com, August 12, 2019
By: Jacqueline Howard, CNN

An outbreak of Legionnaires’ disease tied to a prominent Atlanta hotel is the largest recorded Legionella outbreak in Georgia, an official with the public health department told CNN on Sunday.

One person died of the disease and 11 other cases were confirmed after stays or visits at the Sheraton Atlanta Hotel between June 12 and July 15, Nancy Nydam, a spokeswoman for the Georgia Department of Public Health, said in an email.

There also have been 63 probable cases, Nydam said. Probable cases are those who have symptoms of the disease but have not yet had a laboratory test to confirm it. Last week, there were 61 probable cases.

The hotel closed July 16 and said it will remain shut until at least August 14, general manager Ken Peduzzi said in a statement Friday.…