Toxic cleanup shocker

Future-Proof: Navigate Threats, Seize Opportunities at ICNY 2018 | Jan 22-26 at the Marriott Marquis, Times Square, New York

Joseph Aggio owned a 156-acre parcel of land in Cotati, Calif., which was leased to the Cotati Rod and Gun Club. The club used the land for shooting ranges from 1958-98. From 1981-85, Sequoia Insurance Co. provided liability insurance for Aggio on the property. In 1988, Aggio died, leaving the property to his three children. At some point in time, it was discovered that the gun club's operations had contaminated the land with lead. In 1995, the gun club agreed to investigate and decontaminate the property under a voluntary agreement with the state of California and its Department of Toxic Substances Control, as well as the federal Environmental Protection Agency. In 2005, Aggio's children spent more than $1 million to carry out the lead remediation. Afterwards, Aggio's children filed suit to recover the costs of cleaning up the lead contamination from their father's estate, seeking reimbursement from Aggio's insurance company. At the district court level, summary judgment...