Hinkhouse Williams Walsh

HWW Attorneys Win Private Arbitration Against Landfill Operator.

Joe Hinkhouse, Pat Walsh and Josh Boggioni recently prevailed in a private arbitration following a two-week hearing in Arizona.  A panel of three arbitrators issued an award finding no coverage under three pollution liability insurance policies.  The insured initiated arbitration in 2009 seeking compensatory, bad faith, and punitive damages totaling more than $20 million arising out of class actions brought by residents neighboring a landfill operated by the insureds.  Two other actions had been brought by federal and state environmental agencies concerning the same landfill.  The arbitration panel concluded that there was no coverage for the four claims primarily because HWW proved the insured was aware of the pollution conditions prior to the inception of the policies.