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Dylan Reingold, County Attorney <br />Viilliam K. DeBraal, Deputy County Attorney <br />Kate Pingolt Cotner, Assistant County Attorney <br />8.G <br />Consent Agenda - B. CC 2.20.18 <br />Office of <br />INDIAN RIVER COUNTY <br />MEMORANDUM <br />TO: Board of County Commissioners <br />FROM: Dylan Reingold, County Attorney <br />DATE: February 8, 2018 <br />SUBJECT: Environmental Liability Insurance Recovery <br />ATTORNEY <br />Eisenstein Malanchuk LLP and Nason Yeager Gerson White & Lioce, PA have approached the County <br />Attorney's Office concerning an opportunity for environmental liability insurance recovery. As these firms <br />have explained to the County Attorney's Office; insurance policies that are older than twenty-five years did <br />not include modern environmental insurance exclusions. It is possible to recover for costs related to <br />environmental contamination such as a landfill contamination plume, on old insurance policies. Thus, if <br />Indian River County (the "County") has or has had environmental costs resulting from operations that <br />occurred before 1986, the County may have an opportunity to recover costs under old insurance policies. The <br />Risk Manager of the City of Orlando told the County's Risk Manager that the City of Orlando was able to <br />obtain over $300,000 with the help of Eisenstein Malanchuk LLP and Nason Yeager Gerson White & Lioce, <br />PA. <br />Eisenstein Malanchuk LLP and Nason Yeager Gerson White & Lioce, PA have offered to do the investigation <br />into the County's old insurance policies and the environmental costs that have been incurred by the County <br />to determine if the County is eligible to receive monies from these old insurance policies. Although a contract <br />has not been presented, Eisenstein Malanchuk LLP and Nason Yeager Gerson White & Lioce, PA have stated <br />that they would perform such due diligence in exchange for receiving 30% of any potential proceeds. <br />RECOMMENDATION. <br />The County Attorney recommends that the Indian River County Board of County Commissioners authorize <br />the County Attorney to enter into a contract with Eisenstein Malanchuk LLP and Nason Yeager Gerson White <br />& Lioce, PA for their services in environmental liability insurance recovery with Eisenstein Malanchuk LLP <br />and Nason Yeager Gerson White & Lioce, PA receiving 30 percent of any proceeds recovered. <br />F:Ammey1Linda IGEXLRALIRCCAgenda.U/emo:l£mtronmenmlllo6tltylnnrrarse R—ery.&_ 46 <br />