Land Investment Company
Problem
The client, who was involved in a partnership, owned a strip mall that included a grocery store and dry cleaner. The partnership had to refinance their loan and during the process the bank required a Phase II assessment to determine if the dry cleaner had contaminated the site. Boring and sampling confirmed that the dry cleaner had polluted the soil and groundwater. This liability had a direct impact on the value of the property and required the partners to come up with additional equity as well as fund the remediation out of pocket.
Solution
Restorical was referred to the Client by their environmental consultant and we went straight to work: implementing our Proven Process.
We were able to locate the partnerships policies from the 80s as well as the former dry cleaning operator. Fortunately, the operator named our clients as additional insureds. This compounded the available insurance and increased the amount of carriers.
Restorical was able to leverage our experience with the various carriers and selectively tender to the least problematic. Our client benefited from an efficient claims process and the carriers we did tender to, were able to subrogate their losses by pursuing the ‘other’ insurance carriers on their own dime.
The consultant was able to fund their cleanup and after a few years the site has received their No Further Action letter.
Impact
With insurance funding the cleanup, our clients did not have to pay out of pocket and avoided investing additional capital into their property.
The bank funded the refinance and the client saved well over $1.5million.
Additionally, the carriers took their arguments regarding allocation, with one another, behind closed doors after funding the remediation for our client.
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