This property has a documented history as a public works and maintenance facility going back to 1940. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property served as a Federal Warehouse managed by the U.S. General Services Administration, with underground storage tanks — two heating oil USTs installed sometime during the 1940s and a gasoline tank used to fuel government vehicles — as well as operations as a solid waste transfer facility. In September 1997, three underground storage tanks and associated piping were removed, along with approximately 400 tons of petroleum-contaminated soil excavated and disposed off-site and roughly 4,200 gallons of affected groundwater pumped from the excavations. A multi-year groundwater monitoring program ran from 1997 through at least 2000 under the Voluntary Cleanup Program, with quarterly monitoring planned to continue beyond that period. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Why Historical Insurance Policies May Be Accessible
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 installed as early as the 1940s — more than four decades before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion. The documented remediation expenditures — tank removals, excavation and off-site disposal of 400 tons of contaminated soil, groundwater recovery, asbestos abatement, and years of monitoring — represent costs tied directly to those pre-1986 government operations. With cleanup still underway, historical carriers who issued CGL policies during the decades these tanks were in service may be obligated both to recover past remediation costs and to fund the 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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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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.