EAST ST. LOUIS — The owners of a metal electronics recycling facility in Madison claims its insurer denied an environmental policy claim after it accrued clean up costs mandated by the EPA following a fire.
Interco Trading Inc., filed a complaint Feb. 22 in the U.S. District Court for the Southern District of Illinois East St. Louis Division against Navigators Insurance Company, doing business as Navigators Specialty Insurance Company, alleging breach of contract and unjust enrichment.
According to the complaint, Interco operates a metal and electronics recycling facility in Madison and purchased a commercial lines environmental insurance policy with $5 million in coverage from Navigators to insure against "pollution events." Interco's building, which contained various metals and electronics, caught on fire on March 11, 2020. The plaintiff alleges the Illinois EPA required it to hire an environmental remediation contractor to test the air, water and soil at the site as well as formulate a clean up plan. In addition, Interco alleges it was cited for Clean Air and Clean Water Act violations.
Interco claims Navigators has denied a $68,206.25 claim for clean up costs as well as other claims for material segregation related to the clean up, which is allegedly covered under the policy.
Interco seeks compensation of $1,328,263.98, plus interest and all other just relief. They are represented by attorneys Albert Watkins and Michael Schwade of Kodner Watkins LLC in St. Louis.
U.S. District Court for the Southern District of Illinois East St. Louis Division case number 3:21-CV-203