The Problem: An association of landowners claimed bodily injury and diminution in property value as a result of contamination from a nearby landfill, migrating off-site and contaminating their soil and groundwater.

The Response: The landowners’ association initially claimed damages in excess of $50,000,000. XL Environmental Claims retained defense counsel to defend the insured’s interests. In addition, XL Environmental Claims worked with defense counsel to retain experts in the areas of hydrogeology and causation. XL Environmental Claims managed the litigation and worked with defense counsel to strategize regarding discovery. Over the course of several months, XL Environmental Claims attended numerous settlement conferences. The claim eventually was resolved for less than $2,000,000.

The landfill’s Pollution and Remediation Legal Liability (PARLL) policy responded to the costs of the defense counsel, experts and the settlement in excess of the retention.

The Benefits: XL Environmental Claims’ work with defense counsel and experts contributed to a resolution of the case, saving significant defense costs, lowering the amount of damages paid, and allowing the insured to focus on its business.