This property operated as the Becker Trucking, Inc. facility and truck terminal, functioning as a bulk fuel storage and dispensing site for a commercial truck fleet. An independent remedial action under the Voluntary Cleanup Program included an underground storage tank assessment, groundwater monitoring from 2003 through 2004, and implementation of a Groundwater Quality Management Plan. A Cleanup Report was issued in 2003, and a Restrictive Covenant was recorded in 2004 to address residual lead contamination in soil, requiring institutional controls including capping of exposed soil. Periodic reviews — most recently in 2023 — and ongoing remedy maintenance continue at the site. 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 hydrocarbon and lead contamination at this property originated from bulk fuel operations and underground storage tanks that predate 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation expenditures — tank assessment, groundwater monitoring, soil capping, and the institutional controls now required by restrictive covenant — represent costs tied directly to those historical operations. Historical carriers who issued CGL policies during the facility's pre-1986 operational window may be obligated both to recover costs already incurred and to fund the ongoing remedy maintenance the site still requires.
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.