Legal Question in Insurance Law in New York
Third party fuel oil leak
My in ground fuel oil tank developed a leak. I was informed that NYS ownes the ground water and that my insurance carrier was responsible for ground water contamination cleanup. Ground water contamination was found and the insurnace company will only cover the costs once the ground water weas hit, not the costs of cleanup for the 12 feet of soil that had to be removed to reach the ground water. They covered 30% of an $18K bill. What recourse do I have?
Thank you
1 Answer from Attorneys
Re: Third party fuel oil leak
The NYS Navigation Law makes the owner liable. You are fortunate that yiur carrier will pay anything as there is usually a pollution exclusion.
If you know that the person that you bought the property from knew or should have known of the leak, you might sue them under the Navigation Law also. This is the only possible viable alternative that I see.
Any questions, please contact me.
Good Luck
RRG
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