Who gains from saving nature
Ledger 1 : 33 — For each dollar financing nature-based solutions in 2023, about $33 financed activities harmful to nature. (UNEP)
Cases / Insurance, liability and compensation funds · United States · 2008–2014

TVA Kingston coal ash spill insurance

Nature's voice · report
No measurement of the harm done to me here is on record.
Did nature suffer? Not measured.
Not on record
  • The record does not name which of my species, waters, soils or forests were harmed.
What the record lacks: 2 none on record · 4 insufficient · 1 not measured · 1 disputed See the gaps

After the December 2008 coal ash spill at Kingston, TVA said its insurers denied cover; arbitration awards followed. Which insurer paid which award is not fully confirmed.

More than $250–335mReported insurance recoveries after arbitration (total; allocation by insurer not confirmed)
Reported range; read only through search excerpts of TVA counsel's page. The cleanup was reported at about $1.1bn.

Status As of the latest date in the sources (December 2014 award reported): insurance recoveries reported at more than $250–335m; allocation by insurer not confirmed.

What?
A coal ash spill at Kingston led TVA to seek insurance cover; TVA said its insurers denied cover and recovered money through arbitration.
Where?
Kingston, with arbitration in London.
When?
Spill 22 December 2008; arbitration awards late 2013 and December 2014.
Who?
Gained
  • Insurers — Paid after arbitration according to reports; amounts paid by each not confirmed
Lost
  • TVA — Cleanup reported at about $1.1bn; insurance recoveries reported at more than $250–335m
Harmed
None on record
Why?
Per TVA's counsel, insurers alleged misrepresentation in the application, claiming the dredge cell was a dam.
How?
TVA sought policy limits from ACE Bermuda ($150m) and another $50m from Zurich in arbitration. Carrier Management
6 of 6 questions answered from the record

What happened

The record, in order.

On 22 December 2008 a coal ash spill took place at Kingston, involving 1.1 billion gallons of ash. The cleanup was reported at about $1.1bn.

According to TVA's counsel (Perkins Coie), all 14 insurers, first-party and third-party, denied cover. Three Bermuda excess insurers denied cover and two rescinded their policies for alleged misrepresentation in the application. The insurers' position as described by TVA's attorney was: "They claimed that this dredge cell was a dam and they asked us for a list of dams." The cell was not on the list. These statements come from search excerpts of the law firm's page, which returned a 403 error when opened.

Arch Re, with a $50m policy, argued non-disclosure and then paid about $42m in 2013, according to TVA's counsel as reported through the same excerpts.

In October 2013, Carrier Management reported that TVA was seeking "the policy limits of $150 million" from ACE Bermuda in arbitration and "another $50 million" from Zurich. TVA had collected $92m by October 2013. A London arbitration was reported to have awarded $150m plus $11m interest in late 2013, reported as ACE Bermuda's limit, and another $50m full-limits award followed in December 2014. In total, more than $250–335m was reported recovered. Which insurer paid which award is not fully confirmed.

The time from the spill to the collection of insurance was about six years.

  1. 2008Kingston coal ash spill, 22 December: 1.1 billion gallons of ash; cleanup later reported at about $1.1bn
  2. 2013October: TVA seeks "the policy limits of $150 million" from ACE Bermuda and "another $50 million" from Zurich in arbitration
  3. 2013Arch Re pays about $42m (per TVA counsel); $92m collected by October; late 2013: London arbitration reportedly awards $150m plus $11m interest
  4. 2014December: another $50m full-limits arbitration award reported

What was said

Claims, in the words of those who made them.

“They claimed that this dredge cell was a dam and they asked us for a list of dams.”

TVA's attorney, describing the insurers' position (reported through search excerpts of the Perkins Coie page) · Date not recorded

“the policy limits of $150 million”

Carrier Management, describing what TVA sought from ACE Bermuda in arbitration · 17 October 2013 · Carrier Management

“another $50 million”

Carrier Management, describing what TVA sought from Zurich in arbitration · 17 October 2013 · Carrier Management

Where accounts differ

Each party's account, side by side, with its source. The record does not settle these points; it shows them.

Was cover available for the Kingston spill?
Company or project
TVA (via counsel Perkins Coie)

All 14 insurers denied cover; two Bermuda excess insurers rescinded their policies for alleged misrepresentation. Reported through search excerpts only.

Company or project
Insurers, as described by TVA's attorney

"They claimed that this dredge cell was a dam and they asked us for a list of dams." The cell was not on the list.

Company or project
Arch Re

Argued non-disclosure, then paid about $42m in 2013, per TVA's counsel (secondary source).

Company or project
ACE Bermuda and Zurich

TVA sought "the policy limits of $150 million" from ACE Bermuda and "another $50 million" from Zurich in arbitration. Their own stated positions are not in the sources.

Carrier Management

How it looked

What was shown, beside what was recorded.

Shown

    Recorded

    • TVA sought "the policy limits of $150 million" from ACE Bermuda in arbitration and "another $50 million" from Zurich; $92m had been collected by October 2013.
    • A London arbitration was reported to have awarded $150m plus $11m interest (late 2013), and another $50m full-limits award was reported in December 2014.
    • Total insurance recoveries were reported as more than $250–335m, six years after the spill.

    Who gained

    Money that reached nature, beside money that stayed elsewhere.

    Reached nature or the ground

    Not published
    No figure published.

    Gained elsewhere

    Not totalled
    Currency: USD · Window: . All figures cover the same period. * Estimate built from cited figures.

    Responses on record

    • TVA (via its counsel, Perkins Coie) (Date not recorded): All 14 insurers denied cover; three Bermuda excess insurers denied and two rescinded their policies for alleged misrepresentation in the application (reported through search excerpts).
    • Arch Re (2013): Argued non-disclosure, then paid about $42m in 2013, per TVA's counsel (secondary, via search excerpts).

    In court and with insurers

    Every proceeding and every insurer decision on record.

    Lawsuits and rulings

    1. 2013Claimant won$150000bn Award of $150m plus $11m interest (reported as ACE Bermuda's limit)
      TVA arbitration against ACE Bermuda (London)
      London arbitration · Arbitration · TVA → ACE Bermuda (reported)

      A London arbitration awarded $150m plus $11m interest in late 2013, reported as ACE Bermuda's limit. Which insurer paid which award is not fully confirmed.

    2. 2014-12Claimant won$50000bn Full-limits award (reported)
      TVA arbitration, $50m full-limits award
      Arbitration (forum not specified in the sources) · Arbitration · TVA → Insurer not confirmed (TVA sought another $50m from Zurich in arbitration)

      Another $50m full-limits award was reported in December 2014. The paying insurer is not confirmed in the sources.

    Insurers

    1. 2008Claim refused
      14 insurers (first- and third-party), per TVA's counsel → TVA
      Stated reason: Per TVA's counsel: alleged misrepresentation in the application; the insurers claimed the dredge cell was a dam and asked for a list of dams.

      All 14 insurers denied cover, according to TVA's counsel as read through search excerpts; two rescinded their policies.

    2. 2013In litigation$150000bn Policy limit sought; award of $150m plus $11m interest reported
      ACE Bermuda → TVA
      Stated reason: Not stated in the sources.

      TVA sought "the policy limits of $150 million" in arbitration. A London arbitration was reported to have awarded $150m plus $11m interest in late 2013. Carrier Management

    3. 2013In litigation$50000bn Sought in arbitration
      Zurich → TVA
      Stated reason: Not stated in the sources.

      TVA sought "another $50 million" from Zurich in arbitration. The sources do not confirm the outcome for Zurich. Carrier Management

    4. 2013Refused, paid after suit$42000bn Reported paid, approximately (policy $50m)
      Arch Re → TVA
      Stated reason: Argued non-disclosure.

      Arch Re, with a $50m policy, argued non-disclosure and then paid about $42m in 2013, per TVA's counsel (secondary source, via search excerpts).

    What nature saw

    Outcomes measured on the ground, and nature's note.

    Nature's report opens this page. Below: further outcomes measured on the ground.

    Coal ash released
    1.1 billion gallons
    22 December 2008; no source URL recorded
    Cleanup cost
    About $1.1bn
    As reported; no source URL recorded
    Insurance recovered
    More than $250–335m
    Reported range; allocation by insurer not confirmed

    What we don't know

    Undisclosed, unproven, untried: recorded as data.

    Nature

    • Not measured Harm to nature: The record holds no measurement of harm to nature.

    Figures

    • Insufficient Insurance paid out: Total recovered per reported range; allocation by insurer not confirmed.
    • Insufficient Insurers that declined cover: Per TVA's counsel, via search excerpts only.

    Accounts

    • Disputed Was cover available for the Kingston spill?
    • None on record ACE Bermuda and Zurich: TVA sought "the policy limits of $150 million" from ACE Bermuda and "another $50 million" from Zurich in arbitration. Their own stated positions are not in the sources.

    Record

    • None on record Which insurer paid which award is not fully confirmed.
    • Insufficient Reported but not independently verified: that all 14 insurers denied cover, that two Bermuda excess insurers rescinded their policies, that Arch Re paid about $42m, and the quoted insurer position on the dredge cell. These come from TVA counsel's page as read through search excerpts only (the page returned 403).
    • Insufficient Reported but not independently verified: the total recovery of $250–335m and the 2013 and 2014 award amounts.

    Did the harm stop?

    Not recorded in the sources reviewed.

    Who paid?

    The cleanup was reported at about $1.1bn. Insurance recoveries were reported at more than $250–335m, collected over about six years after arbitration; the allocation by insurer is not confirmed.

    Sources

    Voices on record: — Company or project— Government and regulators— Courts✓ Press and investigations— Communities and civil society— Researchers

    Press and investigations

    Connected cases

    Related matters, and cases linked to this one through the same organisations, with the role each played in both.

    Law and courts

    Arbitration
    A private dispute process in which an appointed arbitrator, instead of a court, decides the case.
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