Environmental Insurance Coverage and Contribution
In 1994, Mark Nadler began prosecuting large environmental insurance coverage claims under historical comprehensive general liability insurance policies. Building on early successes with such claims, Mr. Nadler and The Nadler Law Group team have continued to successfully prosecute environmental insurance claims. Mr. Nadler has been a frequent speaker on the topic of such claims locally, around Washington, and at national industry conferences. Often the need to recover environmental remedial action costs arises in situations that involve statutory contribution claims or claims under risk allocation provisions of other commercial contracts. Set forth below are some representative cases from prior to and following the formation of the Nadler Law Group.
Hulbert, et al. v. Port of Everett, 159 Wn. App. 389 (2011). Represented the Port of Everett in its environmental contribution claim related to a former sawmill site on Port Gardner.
Port of Longview v. London Mkt. Insurers, 197 Wn. App. 1018 (2016), review denied, 188 Wn.2d 1005, 393 P.3d 359 (2017). Represented the Port of Longview in its environmental insurance claim for a former petroleum distribution facility and a former wood treating facility in Longview.
Port of Tacoma v. Andrew Weir, et al.,. Pierce County Superior Court. Represented the Port of Tacoma in its environmental insurance claim for the Commencement Bay/Nearshore tide flat Superfund site.
Port of Bellingham v. Andrew Weir, et al., Whatcom County Superior Court. Represented the Port of Bellingham in its environmental insurance claim for multiple sites on the Bellingham waterfront.
Safeco Insurance v. Port of Anacortes, Skagit County Superior Court. Represented the Port of Anacortes in its environmental insurance claim for multiple sites in Anacortes and on Fidalgo Bay.
Port of Everett v. Hartford, et al., Snohomish County Superior Court. Represented the Port of Everett and its environmental insurance claim for multiple sites in Everett and on Port Gardner.
Port of Skagit v. USF&G, et al., Skagit County Superior Court. Represented the Port of Skagit in its environmental insurance claim for sites in Skagit County.
City of Bellingham v. Granite State Insurance, et al., Whatcom County Superior Court. Represented the city of Bellingham in its environmental insurance claim for multiple sites in and around Bellingham.
Nisqually Chevron, et al. v. Joe Hill Construction, et al., Thurston County Superior Court. Represented a manufacturer of petroleum dispensing equipment in a subrogation action by an insurance carrier for environmental remediation.
In re ASARCO, LLC, et al. U.S. Bankruptcy Court, Southern District of Texas. Represented the Port of Everett in its claim for environmental contribution related to the Asarco smelter in Everett.
Port of Everett v. Weyerhaeuser Co., Snohomish County Superior Court. Represented the Port of Everett in its claim for environmental contribution related to a former sawmill and pulp mill site on Port Gardner.
United States National Bank, et al. v. Paul Bergsoe and Sons A/S, et al., United States District Court for the District of Oregon. Represented an international trading and shipping company in a claim for environmental contribution related to a secondary lead smelter.
Port of Tacoma v. CPB&L Trust, Pierce County Superior Court. Represented the Port of Tacoma in its environmental contribution claim related to historical dumping on property near the Tacoma tide flats.
Port of Tacoma v. Sound Mattress, et al Pierce County Superior Court. Represented the Port of Tacoma in its environmental contribution claims arising out of a former metal fabrication and plating facility near the Tacoma tide flats.
Pope Resources v. Pope & Talbot, et al. King County Superior Court. Represented the plaintiff in its environmental contribution claims arising out of a former sawmill site in Port Gamble.
General Commercial
The Nadler Law Group PLLC’s practice areas also include traditional general commercial fare as well:
SSI Properties v. Holden King County Superior Court
Ross, et al. v. Ross Island Sand & Gravel, United States District Court for the Eastern District of Washington
Waste Management of Washington, et al. v. Port of Seattle, et al., King County Superior Court (Bid protest re environmental dredging in Elliot Bay)