# 5. Nautilus Insurance Company v. Trimac Transportation South, Inc., et al.

Case No.: 19STCV15408

Matter on calendar for: motion to intervene

Tentative ruling:

Background

This is a property damage action arising from a toxic chemical spill that occurred during a routine delivery of perchloroethylene to Prospective Intervenor United Fabricare Supply, Inc. (“Prospective Intervenor”) in 2011. When elevated levels of tetrachloroethylene at a neighboring property owned by South Bay Industrial Building 4, LLC (“South Bay”) was discovered in 2016, South Bay demanded remedial action, whereupon Prospective Intervenor retained a third party consulting firm to investigate whether the source of the contamination was the chemical spill in 2011 caused by Defendant Trimac Transportation, Inc. (“Defendant”). The consulting firm found that Defendant’s alleged spill resulted in the soil contamination of the South Bay property. Based on this finding, Prospective Intervenor submitted an insurance cl