This property saw continuous industrial and commercial use from the 1920s through the 1970s, including a retail fuel service station from the 1920s to 1940s and a truck repair and bus manufacturing operation on the northern portion until 1973. Multiple underground storage tanks — including a 10,000-gallon diesel tank, a 1,000-gallon oil tank, and a 700-gallon tank containing leaded gasoline — have been decommissioned, and approximately 14 tons of petroleum-impacted soil and 1,650 pounds of contaminated sump material have been excavated and disposed. The site is an active Voluntary Cleanup Program project with ongoing groundwater monitoring, further site characterization, and proposed in-situ soil treatment still ahead. 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.
Diesel, motor oil, and leaded gasoline contamination at this property traces directly to truck repair, bus maintenance, and fuel dispensing operations that ran for decades before 1986 — squarely within the era of occurrence-based CGL policies that carried no effective pollution exclusion in Washington. Remediation costs already incurred for tank removals, soil excavation, and sump cleanup are substantial, and with groundwater monitoring, additional characterization, and in-situ treatment still required, further expenditures lie ahead. Historical carriers who covered these operations during the pre-1986 window may be obligated both to reimburse past cleanup costs and to fund the remediation work that remains.
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.