Oil tank leaking

[Flora1940]

What is the name of your state?I live in NJ... just found out our 15 y/o oil tank is leaking. Does homeowner's insurance cover the cleanup? That would be Allstate. When I called, the secretary said she would have someone get back to me. That was a week ago and so far, nothing from them. It is very distressing so any advice, guidance etc would be appreciated.

 

[Ummonx]

ugg, you my friend have a problem

Homeowners usually has a pollution exclusion clause which DOES NOT cover a leaking oil tank. There is separate insurance you should have purchased to cover the tank. Having an underground oil tank is a particularly bad idea.

You will be responsible for..
Tank removal
Surrounding dirt cleanup
You may be liable if your tank poisoned other peoples water supply
Soil testing and remediation


The costs will Depend on how bad you leaked. Plan on at least 5-10k. There are state grants and loans you can apply for. Here is the jersey link

http://www.nj.gov/dep/srp/publications/brochures/homeowner/

 

[You Are Guilty]

Ah, the eternal pessimist is never disappointed. However, some HO policies (particularly older ones) do in fact cover underground tank leaks. However, without seeing your policy and exclusions, there's no way for us to guess; you're going to have to bite the bullet and read it yourself.

If not, expect a big, fat repair bill just for the cleanup. And, if water got into the tank, you can expect repair bills for your boiler, too.

 

[Joanie324]

I am also in NJ. I fought with Allstate for 5 years over this, the work is just now being done, costing over $300,000. It has been a nightmare. You need to hire an attorney who specializes in environmental issues.

 

[claimlaw]

What is the name of your state?I live in NJ... just found out our 15 y/o oil tank is leaking. Does homeowner's insurance cover the cleanup? That would be Allstate. When I called, the secretary said she would have someone get back to me. That was a week ago and so far, nothing from them. It is very distressing so any advice, guidance etc would be appreciated.

You should heed the advice of all of these posters and then:

Make sure that you have notified them of the claim via US Mail Certified Return Receipt Requested. Provide as little detail as possible. Let them sit on it if they like.

Right now you need read the policy or have the language interpreted by a qualified environmental attorney. You then need to bust your azz to get as much supporting documentation for your claim as possible. Get a few qualified people that will say the same things in writing.

Allstate will waste no time getting together their list of experts that will make you look like you drilled a hole in the tank yourself[sarcasm].

Coordinate this with your attorney. You may consider a Public Adjuster but frankly I am not aware of any in your area that are highly competent in this area of property claims. They may be able to assist your attorney on an hourly basis in the development of supporting documentation. They often have a great number of resources that your attorney may not.

Allstate will smile, give you a few warm fuzzies and then rape your invalid sister's colostomy bag. Make sure you have a qualified representative meet them on the property. Sign nothing without your attorney's consent.

Claimlaw