The Environmental and Litigation Departments teamed up to secure more than $6 million in environmental cleanup expenses for three clients. The clients were required to clean up environmental contamination at their properties arising from their prior operation as a chemical manufacturing plant, a truck stop and a foundry. The Cole Schotz team used a three-prong approach to reduce the clients' liability for the cleanup. First, Cole Schotz negotiated a guaranteed cleanup cost contract with an environmental consultant to clean up the properties for a sum certain. Second, using that contract, Cole Schotz assisted the clients with applying for an environmental insurance policy to cover the risk of cost overruns to clean up the known contamination, the cost to clean up newly discovered contamination and liability for third-party lawsuits for property damage and bodily injury. Once the cost of the cleanup was fixed and the clients protected with insurance, we pursued the prior owners or operators that caused the contamination at the clients' sites as well as the clients' insurers that provided general liability insurance to have them reimburse our client for cleanup costs. Cole Schotz was able to obtain favorable settlements that helped the clients defray the cost of the cleanup.
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