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A Case Summary: Stemming The
Flow
XL Environmental Claims Administrators recently received
a call from a client concerning an incident which involved
one of its vehicles along a rural interstate highway
in Michigan. The vehicle was carrying over 5,000 gallons
of highly flammable styrene. While negotiating a dangerous
curve, the driver of the vehicle lost control; it overturned
on the roadway and came to rest in the median. Miraculously,
our client’s driver escaped the vehicle with only
scrapes and bruises. While the vehicle rested in the
median, thousands of gallons of product flowed through
several hundred feet of storm drain and into an adjacent
wetland which served as the headwaters of a valuable
trout fishery. Approximately 600 feet of stream bank
as well as the adjacent wetland were initially affected
by the spill.
Within minutes of receiving the report of the loss,
XL Environmental Claims Administrators dispatched local
emergency response contractors to contain the flow of
product, which threatened the health of the stream as
well as local groundwater supplies. A representative
of XL Environmental Claims Administrators traveled to
the scene to coordinate the complex response activities
with state and local authorities and assist with local
media relations. In addition, XL Environmental Claims
Administrators worked to ease the concerns of on-site
representatives of the product shipper, an international
petrochemical company.
XL Environmental Claims Administrators coordinated
the sample of potentially affected water supply wells
in the vicinity of the loss and arranged for alternative
supplies where necessary. In addition, XL Environmental
Claims Administrators oversaw the activities of several
contractors engaged in the cleanup and restoration of
the affected resources. XL Environmental Claims Administrators
is currently in the process of negotiating realistic
cleanup goals for the area with state and local authorities
and exploring cost-effective options for the restoration
of the affected stream.
As a result of rapid, well-managed emergency response
and legal counsel, significant liability exposure to
our client is being minimized, thus ensuring a timely
and cost-effective resolution of the technical and legal
aspects of a high profile pollution incident.
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