This property has operated as a bulk petroleum distribution facility since approximately 1915, with infrastructure including above-ground storage tanks, a bulk loading rack, and multiple underground storage tanks — one of which stored regular leaded gasoline. Cleanup under the Voluntary Cleanup Program has been underway since at least 1994 and includes the removal of at least six underground storage tanks, excavation of approximately 150 cubic yards of contaminated soil, pumping of roughly 20,000 gallons of diesel-groundwater mixture, and injection of 3,000 pounds of oxygen-releasing compound for in-situ treatment. Remediation and monitoring remain ongoing, with plans for further tank removals. 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 storage and distribution operations at this site date to 1915 — more than seven decades before 1986, when occurrence-based Commercial General Liability policies ceased reliably covering pollution claims in Washington. The contamination requiring cleanup here — diesel and petroleum hydrocarbons released from underground storage tanks installed and operated throughout that pre-1986 window — is precisely the type of gradual, operations-linked release those policies were written to cover. The documented remediation expenditures already incurred, and the further cleanup work still planned, represent costs that historical carriers who issued CGL policies during the facility's long operational history 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.