The Massachusetts Department of Environmental Protection issued a Notice of Responsibility to the homeowners and to our client an oil company after oil sheen was discovered on the property due to the slow release of heating oil from the homeowner’s tank.

The homeowner’s insurer handled the clean-up of this spill and retained several different companies to assist in the oversight of the clean-up, both on the homeowner’s property as well as that of the neighbors. During the process, the neighbors alleged damage to their property and brought 21E negligence, nuisance, trespass, breach of contract and C.242s7 claims against Townsend Oil.

Campbell Campbell Edwards & Conroy, P.C. successfully argued that since Townsend wasn’t part of the contract between the affected homeowners and the insurer, the company could not be held responsible.