According to court records, there have been approximately 900 claims made since November, when a segment of the Pennsylvania Turnpike was covered in liquid asphalt when thousands of gallons of the thick, sticky substance leaked out of a truck.
That same filing also showed that the coverage from the insurance policy held by the trucking company responsible for the mess will likely not be enough to pay for all of those claims. The primary insurer for MTS Transport, Travelers Insurance, stated that the 40 mile-long spill has said that the policy will cover only up to $1 million, and the claims will exceed that amount.
Travelers reported in their motion for an expedited summary judgment, that the final claims amount – which includes a claim that was made for an unspecified amount by the Pennsylvania Turnpike Commission – has yet to be determined.
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The trucking company and insurer have therefore turned to Hallmark Insurance for help, as MTS Transport says that it has a supplemental policy with this second insurance company that could provide an additional $4 million in coverage. It has therefore filed a lawsuit against Hallmark to require it to pay for the additional amount that is not covered by the Travelers Insurance policy.
As of yet, there has been no response by Hallmark to the suit, but Travelers did note in the filing of the lawsuit that Hallmark has an exclusion in its policy for environmental and pollution events, meaning that it may not be required by a court order to cover losses from the asphalt leak incident on the turnpike.