Contractors named in a lawsuit – Shambaugh & Son, Hamilton Hunter Builders, W.A. Sheets & Sons and MSKTD & Associates – argue that insurance purchased by the library before construction removes their liability for the cleanup of the fuel, which had cost $490,000 when the suit was filed in 2010. The library's construction insurance limited payment for pollution cleanup to $5,000, which the insurer paid.
A trial court agreed, granting a summary judgment against the library's lawsuit. But the Appeals Court decided that the insurance does not block the library for suing based on damage other than to the construction itself. Because leaking fuel affects property other than the building itself, the Appeals Court said, the suit can continue.