Contaminated Property Coverage Litigation
On behalf of the owners of a contaminated property, we pursued insurance coverage for a multi-million dollar clean-up of a chlorinated solvent plume in Milwaukie, Oregon. Certain insurers had denied coverage entirely. Others had agreed to defend, but denied any duty to indemnify. After obtaining partial summary judgment against a carrier on the duty to defend, we began settlement discussions involving the clients’ insurers, other potentially responsible parties, and the Oregon Department of Environmental Quality. We were ultimately able to obtain a settlement that fully resolved the underlying environmental litigation, funded by over $4 million in indemnity dollars from our clients’ insurers.
A consent judgment was entered on April 17, 2007, effective May 17, 2007, resolving the underlying environmental liability. The insurance coverage litigation was dismissed on June 22, 2007.