This property has operated as a construction company yard since at least 1966, when underground storage tanks were first installed to fuel Ohno Construction's fleet of heavy equipment. Four USTs totaling 4,400 gallons stored gasoline, diesel, fuel oil, and waste oil — one tank held leaded gasoline, and two older tanks were last used in August 1985. Between 2005 and 2007, all four tanks were excavated and removed along with 245 cubic yards of petroleum-impacted soil, with 195 cubic yards disposed offsite. Groundwater contamination has been documented at the site, and site assessment continued through 2015, but no active groundwater treatment has been undertaken. 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 traces directly to underground storage tanks installed and operated from 1966 through at least 1985 — two full decades during which occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Tank corrosion and pinhole failures over that period created the subsurface contamination now requiring remediation. The cleanup costs the property faces going forward — groundwater investigation, remedial design, and any required treatment — could plausibly be funded by historical carriers whose CGL policies were in effect during the years the tanks were leaking.
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.