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County Attorney's Report 10. 2.

BCC Regular Meeting

Action

Meeting Date:	05/16/2019
Issue: Approval of Proposed Settlement in Escambia County, Florida v. Evanston Insurance Co. and Markel Service, Inc., Case No. 3:19-cv-00538-MRC/EMT
From:	CHARLES PEPPLER
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Approval of Proposed Settlement in Escambia County, Florida v. Evanston Insurance Co. and Markel Service, Inc., Case No. 3:19-cv-00538-MCR/EMT.

That the Board take the following action:

A. Approve acceptance of payment of $75,520.00 from Evanston Insurance Co. and Markel Service, Inc. for closure and post-closure costs as provided by the endorsements to the Environmental Impairment Liability policy obtained by Louisiana Investment Group, LLC regarding closure of Saufley Landfill. In exchange for this payment, the County would execute a general release of all claims in favor of Evanston Insurance Co. and Markel Service, Inc.; and

B. Authorize the Chairman to execute the general release to be drafted by the attorneys for Evanston Insurance Co. and Markel Service, Inc.; and

C. Authorize the County Attorney's Office to execute all documents necessary to effectuate the settlement, including a joint stipulation for dismissal with prejudice.

BACKGROUND:

Evanston Insurance Company, which is a subsidiary of Markel Insurance Company, issued an environmental impairment liability (EIL) policy to Louisiana Investment Group, LLC (LIG). The limits of liability were $1,401,696.00 for each pollution condition. The Florida Department of Environmental Protection required financial assurances from LIG that it would be able to close the Saufley Landfill once its useful life had expired. Chapter 61-701.730, F.A.C. requires the owner or operator of a CD&D landfill to perform five years of monitoring the landfill after closure.

The policy contained two endorsements which supplemented the EIL coverage. The first endorsement allowed for the recovery by LIG or a third-party beneficiary such as Escambia County of closure costs for the Saufley Landfill. That endorsement provided for $344,817.00 in coverage. A separate endorsement was issued for post-closure costs required by the five-year monitoring plan required under Chapter 62-701.730. The limit of post-closure costs is $56,879.00. The two endorsements totaled $401,696.00 in coverage.

Evanston Insurance Co. and Markel Service, Inc. have offered the sum of $75,520.00 to resolve all claims by the County under the terms of the insurance policy. In exchange, the County would execute a general release and cooperate in the dismissal with prejudice of this lawsuit. Patrick T. Johnson, Director of Waste Services Department, is in agreement with this disposition of the lawsuit. In addition, this office recommends resolution of the lawsuit for this sum of money.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

Deputy County Attorney, Charles V. Peppler will review all legal documentation to effectuate the settlement and execute the stipulation for dismissal with prejudice.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
No file(s) attached.