insurance archaeology projects

Privately Held Manufacturing Co.

A Manufacturing Company that had grown through the acquisition of many companies needed to find historical coverage for both asbestos and environmental claims. However, Manufacturing Company did not centrally locate its policies nor compile policies from the companies acquired over the years. 

 

Since the company’s current broker only had policies for the most recent years, the professionals currently with Resolution Dynamics had to start from scratch to find policies.  We conducted a thorough review of the company’s acquisition documents, corporate accounting records, past claim and other internal records.

 

We found vital policy information and secondary evidence from London brokers, vendors and public records. In five months, we had successfully assembled over 2,000 policies or secondary evidence of policies for over twenty (20) companies acquired by Manufacturing Company. The evidence was sufficient to shift the burden of proof to the insurers to prove conditions and limitations of the alleged missing policies.   

Local Construction Co. 

Construction Company acquired a quarry that had been regulated by the state's mining bureau since the 1970's. Company received its first toxic tort lawsuit arising from historical operations at the quarry.  Company had no insurance policies for the acquired quarry, and office staff found one reference to a 1986 General Liability Policy in 20 boxes of historical documents.

 

Resolution Dynamics' professionals found registration

documents sent to the mining agency. Registration required a certificate of insurance to be submitted throughout the 1980's. The agency still had hard copy of the certificates with the registration forms.  Correspondence from one of the carriers regarding payment of a 1977 claim was also found.

 

Eventually we identified the quarry's General Liability insurance program from 1974 to 1986 providing invaluable insurance coverage to pay hundreds of thousands dollars in litigation costs.   Due diligence by Resolution Dynamics, the Company's defense costs were fully covered for the toxic tort lawsuit.  

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