Category: Legal

Using Old Insurance to Cover Investigation and Clean-Up Costs

Posted on by shenshaw

Written by Steve Henshaw, P.G., President & CEO, EnviroForensics
As seen in the September 2009 issue of Cleaner & Launderer

PDF Version

I heard from some readers that my last few articles were a little too technical and in addressing those comments, I’ve decided to go back to basics. That is to say, what are basic concerns that dry cleaners have? Since this is the Environmental Corner and staying with that topic, it is my experience that one of those basic concerns that dry cleaners might have deals with the questions,“How am I going to pay for an environmental investigation and clean-up?” Old insurance policies may be an answer.

For years I’ve espoused that business owners need to find their old comprehensive general liability (CGL) policies and store them in a safe, dry and fireproof place. CGL policies were purchased by business owners to cover them against all liability exposures of a business unless specifically excluded. Coverage includes products, completed operations, premises and operations, elevators, independent contractors, to name a few. Note the key words, “unless specifically excluded.” These words are very important in determining whether an individual or businesses old insurance policies can be used to pay for environmental investigations and clean-ups.

Continue reading “Using Old Insurance to Cover Investigation and Clean-Up Costs”

The Road Goes on Forever and the Trial Never Ends

Posted on by Alex Miller

Written by John C. Bird, P.G., Vice President of EnviroForensics
As seen in the June 2009 issue of Western Cleaner & Launderer

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On Monday this week, May 18 th a State Court jury awarded $18.3 million to the City of Modesto in their 11 year old lawsuit against dry cleaning chemical manufactures, suppliers and equipment manufactures. The City of Modesto had sued Dow Chemical, PPG Industries, Goss-Jewett, R.R. Street & Co. and others for a threat of groundwater contamination at four dry cleaner sites in the City of Modesto. According to the City of Modesto, several municipal supply wells had been impacted with perchloroethylene (PCE), a chemical widely used by the dry cleaning industry. The City alleged back in 1998, among other things, that the defendants made a defective product and they failed to warn the dry cleaners about the threat to groundwater from letting PCE discharge into the City’s sewer system. The jury trail lasted 5 months and is apparently not over yet. Both sides in the case do not appear to be completely happy with the jury’s decision. Continue reading “The Road Goes on Forever and the Trial Never Ends”

Sometimes It’s Not Only the Cost of the Cleanup

Posted on by Alex Miller

Written by John C Bird, P.G. Vice President of EnviroForensics

In Las Vegas, NV this week, the State of Nevada filed suit against the property owners and business operators of long-time dry cleaner for allegedly contaminating the State’s groundwater.  According the State’s lawsuit, the dry cleaner has impacted groundwater beneath the site and the contaminant plume has spread more than 4,000 feet underneath several residential neighborhoods and past the Las Vegas National Golf Course property.  According to the State’s webpage regarding this dry cleaner, the discovery of a discharge of tetrachloroethylene (PCE) was first reported on November 29, 2000 via State’s spill-reporting hotline. The release was discovered during a routine environmental site assessment performed as part of a property transaction.  According to the latest groundwater investigation report, PCE was present in all but two of the wells sampled with concentrations ranging from 2.0 parts per billion (ppb) to 2,600 ppb.   Safe drinking-water levels are considered to be less than 5.0 ppb for PCE. Continue reading “Sometimes It’s Not Only the Cost of the Cleanup”

Conducting Site Characterizations

Posted on by shenshaw

Written by Steve Henshaw, P.G., President & CEO, EnviroForensics

As seen in the February 2009 Western Cleaner & Launderer

PDF Version

In past articles, we discussed the difference between Phase I and Phase II investigations.  A Phase I generally refers to a due diligence evaluation that address the past land uses of a property or group of properties.  A Phase II generally includes an initial or preliminary investigation to determine whether or not the soil, soil gas or groundwater beneath the subject site is contaminated with metals, petroleum hydrocarbons, chlorinated hydrocarbons (solvents) or other chemicals of concern, based on the past land uses.

Continue reading “Conducting Site Characterizations”

Insurance Archaeology – What is it and Why is it Beneficial?

Posted on by Jeff Carnahan

Published in Fabricare The Magazine of Drycleaning & Laundry Institute Sep/Oct 2008

PDF Version

Insurance archeology is the process of location and finding historical insurance policies that covered individuals and businesses. Historical insurance can be a huge benefit to drycleaners, as old policies can be used to pay for costs associated with soil and groundwater contamination investigations, legal representation, and even the cleanup of contaminated sits. Continue reading “Insurance Archaeology – What is it and Why is it Beneficial?”