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Karen Kaika <br /> August 7, 1996 <br /> Page 3 <br /> ■ Other approved investigations were conducted in approximately 1990 and <br /> 1992. <br /> r There is contaminated soil and a contaminated groundwater plume under the <br /> Property <br /> ■ The usual brew of benzene, toluene, xylene, ethylbenzene and total petroleum <br /> hydrocarbons (BTEX and TPH) and other constituents were detected in both the soil <br /> and groundwater. <br /> Other Properties <br /> AGI recently determined, via a preliminary historical research of the former <br /> Wells Fargo property, that underground storage tanks may have been located on that <br /> property. Moreover, the PISS/EHD does not have any record of tank removals at the <br /> site. The PHS/EHD has indicated that Wells Fargo will probably be named by the <br /> County as a responsible party. <br /> Contiriental Insurance <br /> Continental Insurance was under the erroneous impression that 101 South <br /> Wilson Way was leased and not owned by TFS, and has denied coverage. A copy of <br /> this correspondence is being sent to Continental. <br /> Owned Property Exclusion <br /> It is well settled that the owned-property exclusion does not apply to <br /> groundwater contamination since groundwater is owned by the state or federal <br /> governments. Intel Corp v Hartford Ace. & Indem Co. (9th Cir.1991) F.2d 1551, <br /> 1565-1566; Imcera GroupInc. v. Liberty Mutual Ins. Co. (1996) 42 Cal.App.4th <br /> 1754, 1780; Vann v. Travelers. Companies (1995) 39 Cal.AppAth 1610, 1618-1619; <br /> Water Code, § 102. <br /> It is also well settled that the exclusion does not apply to costs incurred by the <br /> insured to clean up its own property to prevent imminent damage to the property of <br /> others or to prevent off-site migration of the contamination. Shell Oil Co. v. <br /> Winterthur Swiss Ins. Co. (1993) 12 Cal.AppAth 715, 756-759. <br /> CT ih.'J C71"T' nCCH 9 I(1CQH MHTI7TM C7-OT QG., In -1nH <br />