This property served as the City of Mount Vernon's municipal vehicle fueling point from 1964 through 1997, with a 550-gallon diesel and a 1,000-gallon gasoline underground storage tank supplying city fleet operations at City Hall. Both USTs were removed in 2000, along with the excavation and thermal desorption treatment of approximately 621 tons of petroleum-contaminated soil. Quarterly groundwater monitoring across five wells ran from January 2001 through February 2003, and in 2007 Ecology determined that further remedial action was necessary to address residual TPH gasoline and benzene in groundwater. 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 installed in 1964 and operated continuously for over three decades — more than twenty years before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. The documented remediation costs already incurred — tank removal, large-scale soil excavation and treatment, years of groundwater monitoring — along with the additional cleanup Ecology has required for residual groundwater contamination, represent expenditures that historical carriers who covered the city's operations during the pre-1986 window may be obligated both to reimburse and to fund going forward.
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.