Ports are rarely responsible for the pollution on their property.
This does not mean they aren’t liable for the cleanup!!
This Port has been a hub of commerce for the past 100 years. In all that time, the Port was never the manufacturer of widgets or transporter of products. The Port was the property owner.
And this was enough under Federal and State laws to make the Port liable for all of the cleanup costs impacting their vast real estate portfolio.
There was pollution in the sediments from creosote piles to dioxins. Contamination in the soils from fueling facilities and chlorinated solvents in the groundwater from cleaning operations.
And, many of the companies that caused the contamination were no longer in business or operated decades ago.
The client utilized the services of Restorical Research to identify insurance coverage from the Ports tenants of the past. Our insurance archaeologists did the impossible and brought back to ‘life’ these bygone operators through their insurance policies.
With decades of know-how and treating each contaminated site separately, with a customized coverage strategy, we guided the Ports legal counsel to successful claims.
Some claims required the use of the Port as an additional-named-insured while other claims benefited from reviving old companies. In the end, the port was able to remediate half a dozen properties with historical insurance policies and Restorical Research.
The Port avoid paying out of pocket for the remediation on many sites. This resulted in cost savings to the Port for cleanup and monitoring costs well into the 8-figures.Find Your Policy