Representative Cases

Case Summary -- New Car Carriers, Inc. v. Nutshell Enterprises & Hardin-Huber, Inc.

This case involved an oil spill and underground water pollution which occurred during installation of monitoring wells at Plaintiff’s property. We represented the drilling company, Hardin-Huber, Inc. on issues relating to liability, damages and insurance coverage. The insurance coverage questions related to the interpretation of pollution exclusion clauses in the insurance policy. The case was defended under a reservation of rights and the insurer engaged our firm, as personal counsel for the insured, to conduct the defense of the liability and damages claims.

We employed geotechnical engineers, environmental consultants and a hydro-geologist to assist in the defense of the claim. We successfully discredited the opinions of Plaintiff’s hydro-geologist and well expert and ultimately negotiated a settlement with our clients insurer paying less than 5% of the damages claimed and about 10% of the total settlement. The Plaintiff compromised the damages claimed and the co-defendant environmental consultant paid 90% of the remaining damages under the settlement agreement.