What is the name of your state? New York
I have ground water contamination as a result of corroded underground oil tank.
My insurance company is saying that under the liability section I would be theoretically covered by "property damage", defined as "physical injury to or destructionof tangible propert, incuding loss of use of this property". However, they interpret the cost of remediation work as "equitable releief such as restitution, injunctive relief or governmental fines or penalteis", not as "property damage". As a result they are telling me that I am not covered.
The term "equitable relief" is not used anywhere in the policy.
1. Can they play word games and deny coverage as described above?
2. Is there any literature or a forum where one can see if the digging, remediation work and related damage repairs (as a result of the contaminated ground water) are qualified as "property damage" vs. "equitable relief"?
Any help or pointer would be appreciated.
I have ground water contamination as a result of corroded underground oil tank.
My insurance company is saying that under the liability section I would be theoretically covered by "property damage", defined as "physical injury to or destructionof tangible propert, incuding loss of use of this property". However, they interpret the cost of remediation work as "equitable releief such as restitution, injunctive relief or governmental fines or penalteis", not as "property damage". As a result they are telling me that I am not covered.
The term "equitable relief" is not used anywhere in the policy.
1. Can they play word games and deny coverage as described above?
2. Is there any literature or a forum where one can see if the digging, remediation work and related damage repairs (as a result of the contaminated ground water) are qualified as "property damage" vs. "equitable relief"?
Any help or pointer would be appreciated.