CASE STUDY
Refinery
Energy
Louisiana
Environmental
STATEMENT OF INCIDENT:
This incident occurred at one of the largest refineries, a deep-conversion facility. In addition to
processing heavy crudes into high octane and unleaded gas, the facility produces turbine fuel,
heating oils, and petrochemicals such as benzene and propylene.
Heavy rains caused two waste oil tanks to overflow into an emergency containment area
surrounded by a dike. The contaminated water flowed from the containment area into
neighboring waterways. The release was greater than 100,000 barrels of waste oil, and
approximately 53,000 barrels of waste oil overflowed from the containment area. Greater than
Catastrophic Loss Group
Industrial & Commercial Property Loss Group * Transportation and Inland Marine Group
Life Sciences Group * Agribusiness & Food Borne Illness Group * Admiralty/Inland River & Lakes Group
Product Liability/Product Safety Group * Safety, Toxic Tort & Environmental Group
37,500 barrels were revered from the waterways. The oil spill resulted in the closure of a ship
channel, the waterway for transporting petroleum in and out of the regions for refineries.
SCOPE OF ASSIGNMENT:
The environmental insurer for the facility retained Meagher & Geer’s Catastrophic Loss Group
to conduct a forensic examination. An attorney/chemical engineer was assigned the field
operations. The scope of work included: liaison with regulators; retain expert witnesses;
identify the cause(s) of the oil spill; identify cause of the containment failure; and report all site
activities to appropriate decision makers.
Meagher & GeerCatastrophic Loss Group
612-371-1317877-635-8663
24-Hour Emergency [email protected]
www.meagher.com
CASE STUDY
Oil Company – Energy
Fire/Explosion
Washington
Casualty
STATEMENT OF INCIDENT:
An independent contractor’s employee sustained injuries as a result of a flash fire from an
explosion within an above-ground fuel storage tank.
Catastrophic Loss Group
Industrial & Commercial Property Loss Group * Transportation and Inland Marine Group
Life Sciences Group * Agribusiness & Food Borne Illness Group * Admiralty/Inland River & Lakes Group
Product Liability/Product Safety Group * Safety, Toxic Tort & Environmental Group
SCOPE OF ASSIGNMENT:
The owner’s casualty insurer retained Meagher & Geer’s Catastrophic Loss Group to assist in
the defense of the death and personal injury claims made by the independent contract
employees. The scope of work included: to assist local counsel with all technical issues;
identify and retain expert witnesses; establish protocols and testing of artifacts relating to the
ignition of vapors; analyze industrial contractors/employee issues; analyze compliance with
OSHA regulations owner and independent contractor; analyze merits of defenses; and
monitor/report all site activities to appropriate decision makers.
Meagher & GeerCatastrophic Loss Group
612-371-1317877-635-8663
24-Hour Emergency [email protected]
www.meagher.com
CASE STUDY
Ethanol Facility
Biofuel/EnergyMinnesota
Casualty
STATEMENT OF INCIDENT:
Independent contractors were working at an ethanol facility to increase the production
capability of the plant. One of the independent contractors, a welding company, cut into a
blank line. Moments later, an explosion occurred, resulting in personal injury to independent
contractors and employees, property damage to the facility, and business interruption.
CASE STUDY
Catastrophic Loss Group
Industrial & Commercial Property Loss Group * Transportation and Inland Marine Group
Life Sciences Group * Agribusiness & Food Borne Illness Group * Admiralty/Inland River & Lakes Group
Product Liability/Product Safety Group * Safety, Toxic Tort & Environmental Group
SCOPE OF ASSIGNMENT:
Meagher & Geer’s Catastrophic Loss Group was retained by the casualty insurer for the ethanol
facility. An attorney/chemical engineer was assigned the onsite investigation. Scope of work
included: liaison to regulators (OSHA); liaison to facility’s worker’s compensation
representatives; identify cause of the release and ignition of the release; and report to the
critical decision makers.
Meagher & GeerCatastrophic Loss Group
612-371-1317877-635-8663
24-Hour Emergency [email protected]
www.meagher.com
CASE STUDY
Fuel Gas
Fire/explosion flash fire
Iowa
Casualty
STATEMENT OF INCIDENT:
Three service station employees were severely burned while filling a 20-lb propane cylinder.
SCOPE OF ASSIGNMENT:
The casualty insurer retained Meagher & Geer’s Catastrophic Loss Group to defend the
interests of the fuel gas supplier and the cylinder fill station. The scope of work included:
identify and retain expert witnesses; determine the failure mode(s) that caused the release of
the fuel gas and ignition of the fuel gas; compliance with NFPA 58; and to report all activities to
appropriate decision makers.
Catastrophic Loss Group
Industrial & Commercial Property Loss Group * Transportation and Inland Marine Group
Life Sciences Group * Agribusiness & Food Borne Illness Group * Admiralty/Inland River & Lakes Group
Product Liability/Product Safety Group * Safety, Toxic Tort & Environmental Group
The forensic investigation revealed that the fuel gas leak occurred when the one-inch line
between the propane bulk tank and the cylinder fill station ruptured, allowing liquid propane to
escape from the bulk tank. The bulk tank’s excess flow valve failed to close and prevent
additional propane from escaping.
Meagher & GeerCatastrophic Loss Group
612-371-1317877-635-8663
24-Hour Emergency [email protected]
www.meagher.com
CASE STUDY
Refinery
Energy
Texas
Primary/Excess Casualty
STATEMENT OF INCIDENT:
The contractor manipulation of a check valve on a heat exchanger resulted in a component
failure and burn injuries to workers. The rotation of the check valve caused the failure of a
bleeder extending from the heat exchanger. The bleeder failure expelled hot vacuum tower
bottoms onto the workers. Claims were brought against the contractor.
SCOPE OF ASSIGNMENT:
The insurer for the consultant/contractor retained Meagher & Geer’s Catastrophic Loss Group
as co-counsel to the Texas-based law firm. An attorney/ chemical engineer was assigned the
onsite operations. The initial scope of work consisted of providing technical assistance and
support to local counsel. However, the augmented scope of work included: daily involvement;
selecting and managing experts; taking and defending depositions; additional technical issues;
and trial preparation.
Catastrophic Loss Group
Industrial & Commercial Property Loss Group * Transportation and Inland Marine Group
Life Sciences Group * Agribusiness & Food Borne Illness Group * Admiralty/Inland River & Lakes Group
Product Liability/Product Safety Group * Safety, Toxic Tort & Environmental Group
Meagher & GeerCatastrophic Loss Group
612-371-1317877-635-8663
24-Hour Emergency [email protected]
www.meagher.com
CASE STUDY
Petroleum Distribution
Bulk Transfer Station
Transportation/Energy
Iowa
Primary/Excess Casualty
STATEMENT OF INCIDENT:
Fuel truck was offloading at the bulk transfer station. Failure(s) within the offloading process
resulted in a flammable liquid release. A fire and explosion at the transfer station resulted in
evacuation of the town. Firefighters from four counties responded to the event. The driver of
the fuel truck sustained injuries as a result of the release, ignition, and fire. The transfer station
owner brought claims of property damage and business interruption against the national
petroleum distributor.
Catastrophic Loss Group
Industrial & Commercial Property Loss Group * Transportation and Inland Marine Group
Life Sciences Group * Agribusiness & Food Borne Illness Group * Admiralty/Inland River & Lakes Group
Product Liability/Product Safety Group * Safety, Toxic Tort & Environmental Group
SCOPE OF ASSIGNMENT:
In-house counsel for the national petroleum distributor retained Meagher & Geer’s
Catastrophic Loss Group to determine the cause(s) of the flammable liquid release and to
defend claims against the national petroleum distributor. Meagher & Geer
attorney/mechanical engineer was assigned onsite forensic investigation. The scope of work
included: retain expert witnesses; analyze fuel truck; analyze process; analyze transfer station
and component parts; determine root cause and defend interests of petroleum distributor.
Meagher & GeerCatastrophic Loss Group
612-371-1317877-635-8663
24-Hour Emergency [email protected]
www.meagher.com
CASE STUDY
Fuel Gas
Energy
Agribusiness
Missouri
Casualty
STATEMENT OF INCIDENT:
A residential boiler explosion in rural Missouri resulted in one fatality and one victim with
severe burns.
SCOPE OF ASSIGNMENT:
The largest manufacturer of ethyl mercaptan, the compound used to odorize propane gas,
retained Meagher & Geer’s Catastrophic Loss Group to defend claims against the manufacturer.
CASE STUDY
Catastrophic Loss Group
Industrial & Commercial Property Loss Group * Transportation and Inland Marine Group
Life Sciences Group * Agribusiness & Food Borne Illness Group * Admiralty/Inland River & Lakes Group
Product Liability/Product Safety Group * Safety, Toxic Tort & Environmental Group
An attorney/chemical engineer was assigned the onsite field operations. The scope of work
included: retain expert witnesses; determine cause(s) of the fuel gas release; determine
concentration of odorant within fuel gas system; analyze components within the fuel gas
system; defend claims of failure to warn, including: odor fade due to oxidation of the odorant,
customer-diminished sense of smell, and olfactory fatigue.
Meagher & GeerCatastrophic Loss Group
612-371-1317877-635-8663
24-Hour Emergency [email protected]
www.meagher.com
CASE STUDY
Agribusiness/Energy
Fuel Gas
Flash Fire
West Virginia
Casualty
STATEMENT OF INCIDENT:
Three defense contractor employees sustained serious burns while attempting to light a
propane-fueled kitchen range. The injured employees’ claims against the employer were
barred by the exclusive remedy of the WV Workers’ Compensation Act. A suit was brought
against the owner of the facility and the supplier of the fuel gas (propane).
SCOPE OF ASSIGNMENT:
The casualty insurer retained the Meagher & Geer’s Catastrophic Loss Group to defend the
interests of the fuel gas supplier. An attorney/mechanical engineer certified in fuel gas (CTEP)
Catastrophic Loss Group
Industrial & Commercial Property Loss Group * Transportation and Inland Marine Group
Life Sciences Group * Agribusiness & Food Borne Illness Group * Admiralty/Inland River & Lakes Group
Product Liability/Product Safety Group * Safety, Toxic Tort & Environmental Group
was assigned field operations to conduct forensic investigation. The scope of work included:
identify and retain expert witnesses; determine the cause(s) of the release of the fuel gas and
ignition of the fuel gas; identify potentially responsible parties; and report all site activities to
appropriate decision makers.
The investigation revealed that workers inadvertently opened an uncapped line while
attempting to light the range.
Meagher & GeerCatastrophic Loss Group
612-371-1317877-635-8663
24-Hour Emergency [email protected]
www.meagher.com
CASE STUDY
Biofuel Facility – Power & Energy
Class Action Odor
Missouri
Environmental
STATEMENT OF INCIDENT:
Several hundred tons of turkey byproduct waste are delivered daily to the biofuel facility.
Neighbors of the facility brought a several-thousand member class action complaint against the
biofuel facility, alleging that the odors produced by the facility resulted in diminution of the
property values and personal injury to the residents.
SCOPE OF ASSIGNMENT:
Catastrophic Loss Group
Industrial & Commercial Property Loss Group * Transportation and Inland Marine Group
Life Sciences Group * Agribusiness & Food Borne Illness Group * Admiralty/Inland River & Lakes Group
Product Liability/Product Safety Group * Safety, Toxic Tort & Environmental Group
The environmental insurer for the facility tenant retained Meagher & Geer’s Catastrophic Loss
Group to advise, oversee, and monitor the law firm directly defending the class action incident.
The attorneys – a chemical engineer and a mechanical engineer -- were assigned field
operations for the forensic investigation into the characteristics of the odor. To assist with the
investigation, four attorneys within the Catastrophic Loss Group studied to become “Certified
Nasal Rangers” (sensitivity of the nose to odor versus the sensitivity of laboratory equipment to
air samples). The scope of assignment included: an analysis of the environmental controls at
the facility; the magnitude and frequency of the turkey byproduct waste delivered daily; the
intensity of characteristics of the odor at the facility; the intensity of characteristics of the odor
at the residences of the members of the class action; defense strategy; identify and retain
expert witnesses; and establish testing protocols. The advising and monitoring of the primary
class action attorneys continued throughout the case.
Meagher & GeerCatastrophic Loss Group
612-371-1317877-635-8663
24-Hour Emergency [email protected]
www.meagher.com