The US GSA Richland Federal Building complex — comprising a US Post Office, seven-story office tower, and low-rise courthouse — housed underground storage tanks containing oil, solvents, and waste that were removed in 1997. Chlorinated solvent contamination, including tetrachloroethylene (PCE) and trichloroethylene (TCE), has been detected in groundwater beneath the site, with periodic groundwater monitoring conducted from at least 1998 through 2021 and quarterly monitoring proposed going forward. The site is enrolled in the Voluntary Cleanup Program and cleanup work remains ongoing. 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.
The solvent USTs at this federal facility are estimated to have been installed around 1972 and operated through their removal in 1997 — more than a decade of service before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. The chlorinated solvent contamination now requiring long-term groundwater monitoring traces to releases during that pre-1986 operational window. Historical carriers who issued CGL policies covering this facility during the 1970s and early 1980s may be obligated both to recover past remediation expenditures and to fund the ongoing monitoring and cleanup work 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.