Guam Industrial Services, Inc. was well prepared. Its coverage included a hull and machinery policy through Zurich Insurance and Starr Indemnity and an ocean marine policy from Zurich that provided limited property damage pollution coverage. When the covered dry dock sank taking barrels containing 113,000 gallons of oil on 1/2/2011, Guam submitted a claim.
All companies denied coverage. Zurich and Starr denied coverage on the hull and machinery policy because a required certification had expired in October. Zurich denied coverage on the ocean marine pollution coverage because the barrels never leaked oil and therefore no pollution occurred.
Guam argued that the certification was not relevant to the loss and that a pollution event had occurred by the barrels entering the water.
Click here to see if coverage was awarded.