This property served as a bulk petroleum storage and fueling depot for Lynden Transport's truck fleet, with five underground storage tanks holding over 26,000 gallons of diesel, gasoline, and lube oil. The USTs were removed in 1990, along with thousands of cubic yards of petroleum-contaminated soil. On-site remediation followed, including landfarming and bioremediation in a mechanically aerated cell in 1993, with treated soil reused as sub-base material and capped with asphalt. Groundwater assessment continued from 2004 through 2010, supported by four monitoring wells and extensive sampling to evaluate the extent of remaining contamination. Cleanup work is ongoing under the Voluntary Cleanup Program. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Washington. If contamination occurred while those policies were active, those historical insurance carriers may still have a legal obligation to fund the cleanup costs, even if the business closed or the property changed hands.
Petroleum contamination at this site originated from underground storage tanks estimated to have been installed no later than 1965 — more than two decades before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. The documented remediation costs here are substantial: large-scale UST removal, thousands of cubic yards of soil excavation and treatment, oil-water separation, and over six years of groundwater monitoring. Historical carriers who issued CGL policies during the tanks' pre-1986 operational life may be obligated both to reimburse those past expenditures and to fund the cleanup work that remains ahead.
Restorical's role is to locate viable historical policies, determine whether a successful coverage claim is possible, and assist our clients and their legal counsel to obtain insurance coverage. Restorical then manages the claim, including accounting, to ensure the cleanup is funded in a timely manner.
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Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.