Large Municipal Agency / Historical Insurance Coverage
Using historical records maintained in various locations by a large municipal agency, as well as records from brokers and databases maintained by outside insurance archaeology consultants, we assisted the client in recreating evidence regarding its historical insurance coverage from the 1930’s forward. That information included actual policies, policy numbers and other evidence of coverage sufficient to allow the client to access its historical insurance coverage. Many of the policies uncovered by our searches have no pollution exclusions and therefore provide coverage which is excluded under more recently-issued policies. For over 25 years, we have assisted in securing coverage under these policies for environmental clean-up mandated by regulatory agencies and environmental laws.
We represented Mattel, Inc. in seeking coverage for governmental claims and CERCLA litigation relating to TCE groundwater contamination at its production facility in Oregon. We reconstructed Mattel’s historical insurance program and successfully pursued insurers for defense and indemnification of governmental and landlord claims for remediation of groundwater at the affected site, without the need for litigation. We recovered multiple millions of dollars in defense fees alone.
Moyer Chemical Company
We represent the principal of a Moyer Chemical Company in obtaining defense and indemnity coverage for clean-up costs at a contaminated property. We successfully reconstructed the company’s historical insurance program – in some cases using highly obscure, secondary evidence to identify policy forms used and prove the policy wording. We obtained a defense for both the company and the principal from a number of carriers, without resorting to litigation.