Paul A. Grinke, the attorney for the group of W.R. Berkley Corp. companies that has filed suit against West Fertilizer Co., calls the glaring lack of appropriate cover “irresponsible” and predicts his clients and others involved in lawsuits against the West, Texas facility that exploded last month will “be left holding the bag.”

“Unfortunately I'm involved in a lot of cases dealing with underinsured properties but I've never been involved in something like this—a facility such as this one with so little insurance for the risk,” Grinke tells NU.

The Insurance Council of Texas ­estimates the insured property losses at about $100 million. That figure includes estimated insurance payments for the plant, 140 homes, an apartment complex, a middle school and a retirement center.

A criminal investigation into the cause of the explosion has been launched, but authorities say the highly volatile chemical compound ammonium nitrate was found at the site of the fertilizer retailer. Possibly hundreds of tons of the fertilizer were stored at the plant.

The Texas Department of Insurance says four state agencies with some oversight of these types of facilities—State Health Services, Texas State Chemist, Texas Commission on Environmental Quality, and Texas ­Agriculture Department—do not require General Liability for a West Fertilizer-type operation. “Companies that carry insurance are not required to report that information to us,” TDI says in a statement.

The insurance department says it cannot comment on the investigation but it did quash reports of anhydrous ammonium being involved in the explosion. The tanks were not involved in the explosion or fire, says TDI.

The Adairs have been cooperating with investigators, says Keeney, and “want to sincerely figure out what happened and encourage any actions that would minimize the likelihood of something like this ever happening again.”