Environmental Subrogation & Recovery
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Overview
Cozen O’Connor’s Subrogation & Recovery Department has extensive experience in handling environmental claims arising from a wide array of loss scenarios, including storage tank leaks, pipe ruptures, catastrophic equipment failures, historical contamination from prior industrial operations, military base contamination under the BRAC program, and others. Many of our claims are handled on a partnered basis by our subrogation attorneys working hand-in-hand with attorneys in our environmental, energy and public utilities practice, several of whom are former Environmental Protection Agency lawyers who are highly experienced and skilled in applying the federal and/or state regulatory framework to complex technical issues. We represent insurance and commercial clients for losses sustained and claims paid as a result of environmental contamination so as to obtain recoveries from responsible third-parties or contribution from joint tortfeasors.
Cozen O’Connor’s environmental subrogation practice works closely with highly specialized forensic consultants throughout the country with expertise in engineering, metallurgical, pollution, petro-chemical, and related disciplines. We are available to consult with our clients to contain liabilities early in the adjustment process and to preserve vital evidence before proceeding with recovery efforts. Wherever possible, our work is performed on a contingent fee basis so as to eliminate out-of-pocket legal expense to our clients. If an hourly fee component is required, it typically is blended with our contingent fee structure in order to minimize legal expense and maximize recoveries.
A Cozen O'Connor environmental subrogation attorney should be notified as soon as an environmental claim is received in order to conduct a thorough investigation and evaluation of recovery issues. It is crucial to know whether, under the applicable jurisdiction, it is permissible to settle a claim on behalf of your insured or company, which is advanced by an injured or damaged claimant, and then, in a separate proceeding, seek to recovery contribution or indemnification from a prospective defendant or joint tortfeasor. For jurisdictions which do not subscribe to the “pay and chase” approach, it is imperative for our environmental subrogation practice to be consulted as early as practicable, and certainly prior to any settlement with the claimant, in order to fully preserve, protect and perfect your subrogation, contribution and/or indemnification rights.
RECENT EXAMPLES OF OUR ENVIRONMENTAL SUBROGATION SERVICES
- Achieving a multimillion-dollar recovery against a manufacturer of a petroleum pipeline that ruptured and resulted in wide-spread benzene contamination
- Developing and managing a forensic investigation of historical polychlorinated biphenyl dischargers along an urban stream to identify potential targets that contributed to sediment contamination
- Developing a multi-party recovery effort for a cluster of leaking heating oil tanks in a residential subdivision
- Developing and pursuing a cercla recovery action against the federal government in connection with historic pesticide contamination