Lawyers and Law Firms

September 29, 2010

“Pigeon Dung” Case Goes to Mediation

A group of courthouse workers in Pennsylvania went to mediation for the second time over a claim that the workers’ “health was jeopardized by the company hired to remove tons of pigeon dung from the courthouse beginning in 2004.” The suit claims that the environmental firm involved was negligent in the manner in which it cleaned up the pigeon dung exposing the workers to “significant amounts of toxins” and causing them to “suffer a variety of illnesses and symptoms affecting their lungs, respiratory systems, eyes, neurological systems and other bodily organs and systems.” One of the attorneys representing the workers doubted if a settlement would be reached and expected the case to go to trial. The environmental firm says that its methods were “all appropriate.” (Source:

A Contractor’s Pollution Liability (CPL) policy in this claim may help the environmental firm defend the suit and may apply to the bodily injury claims.…

August 13, 2010

Alleged Negligent Laboratory Analysis

Acknowledgement to XL Environmental

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 against our insured for $4,500,000, alleging that failures on the project resulted from the insured’s acts, errors or omissions in its laboratory analysis of the mold spores.

XL’s environmental claims counsel retained local defense counsel to defend the insured in the litigation. XL’s environmental claims counsel and defense counsel worked closely with the insured to investigate the allegations. A determination was made that the insured had used an incorrect procedure for the analysis of the mold spores. However, defense counsel was able to successfully argue that the insured’s alleged negligence did not result in any substantial damages to the GC or hospital.

At a subsequent mediation, the claim was settled against our insured for a fraction of the claimed damages. XL paid $350,000 under the insured’s Professional and Contractor’s Pollution Legal Liability Policy to resolve the claim on the insured’s behalf.…