Insurer says it's not responsible for cleaning up Beckley drug lab

BECKLEY – An insurance company says it is not responsible for cleaning up or destroying a Beckley building that was allegedly used as a drug laboratory.

USAA Casualty Insurance Company filed a lawsuit Oct. 4 against James R. Elkins III and Jayme R. Elkins in Raleigh County Circuit Court. The lawsuit alleges USAA was the insurer on the property, but it should not be responsible for damages done by chemicals to it.

“It is believed by the Plaintiff that demolition of the residence on this real property is a possible requirement given the contamination discovered,” the suit says.

“The insurance policy issued by USAA CIC contains a ‘pollution exclusion’ for the ‘discharge, dispersal, seepage, migration, release or escape of pollutants.’”

The state Department of Health and Human Resources wrote James Elkins on March 18 to notify him he had 30 days to begin the remediation process or demolish the building.

The property had been the site of a “clandestine drug laboratory search” that led to the seizure of chemicals that are harmful to humans, the letter said.

The chemicals that were found were not specified in the letter or complaint.

“The claim for coverage of the remediation costs or other damages which have been, or will be, incurred as a result of the pollution from the operation of the clandestine drug laboratory within the real property owned by the Defendants is not covered by the insurance policy,” the complaint says.

From the West Virginia Record: Reach John O’Brien at jobrienwv@gmail.com.