The court dismissed the insured's complaint against the agent for alleged failure to procure proper coverage. Asphalt Recovery Specialists, Inc. v. Gallagher, 2023 U.S. Dist. LEXIS 73112 (D. Colo. March 23, 2023).

Asphalt Recover Specialists, Inc. (ARS) engaged Arthur J. Gallagher & Co. to procure an environmental liability poilcy that would provide coverage for on-site cleanup of any pollultion or environment cleanup that may be required in ARS's asphalt recycling facility. ARS specifically requested that Gallagher procure a policy which would provide coverage for on-site removal of pollutants. Gallagher procured a policy from Weschester Surplus LInes Insurance Company.