Employers Ins. Co. of Wausau v. Optical Coating Laboratory, Inc.
We represented Optical Coating Laboratory, Inc. in insurance coverage litigation to recover CERCLA response costs, as well as defense and indemnity of toxic tort claims asserted by numerous area residents for bodily injury and property damage resulting from groundwater contamination. We obtained defense and contribution to CERCLA costs from the defending carriers. We litigated against the non-defending carriers and obtained recovery of defense costs at full attorney rates. Employers Ins. Co. of Wausau v. Optical Coating Laboratory, Inc
., Sonoma Sup. Ct. Case No. SC-V-237690.
Marin/Sonoma Mosquito Abatement District
We represented the Marin/Sonoma Mosquito Abatement District, a regional vector control district, in environmental coverage litigation to recover costs of remediating DDT contamination at a site on the San Francisco Bay. Our work included archaeological searches for insurance, successfully finding evidence of numerous historical policies that provided coverage for the claim. After initial discovery, we resolved the matter in mediation, recovering six-figure sums sufficient to perform the required remediation. (Marin/Sonoma Mosquito Abatement District (MSMAD) v. Fireman’s Fund, et al.
, S.F. Sup. Ct. Case No. 965692.) Following the successful resolution of that case, we represented Alameda County Mosquito Abatement District against a number of the same insurers, pursuing coverage for the cost of remediating two DDT-contaminated sites. We successfully resolved these claims without need for additional litigation.
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.
U.S. Borax v. Royal Indem. Co., et al.
We represented U.S. Borax, a mining and chemical company, in insurance coverage litigation over multi-state, multi-site environmental coverage clean-up costs involving over 80 policies issued over a 25-year period. After securing favorable Phase I rulings on key legal and policy interpretation issues, we obtained substantial recoveries in settlement on the eve of a jury trial and preserved coverage for potential future claims. U.S. Borax v. Royal Indem. Co., et al.,
S.F. Sup. Ct. Case No. CGC-05-444742.
Varian Medical Systems, Inc.
We represented Varian Medical Systems, Inc. in pursuing a $15 million claim under a pollution legal liability (PLL) policy for costs of remediation at a VOC-contaminated site being developed as a hospital. We successfully obtained coverage under the PLL policy for an expanded scope of work encountered at the site, without litigation.