This property operated as a Consolidated Freightways freight terminal, consisting of a warehouse building and truck parking area with underground storage tanks — including a 10,000-gallon diesel tank installed in 1950, a 1,000-gallon gasoline tank, and a 500-gallon motor oil tank — used for on-site refueling of company vehicles and equipment. Cleanup activities have included removal of the USTs in 1990 and 1998, excavation and off-site disposal of 110 cubic yards of petroleum-impacted soil, and quarterly groundwater monitoring conducted from 1991 through 1992 to track declining contaminant concentrations. Cleanup work is ongoing under the Standard Cleanup program. 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 that were installed as early as 1950 — more than three decades before 1986, when occurrence-based Commercial General Liability policies ceased reliably covering pollution claims in Washington. The documented remediation costs to date — tank removals, soil excavation, groundwater monitoring, and purged-water disposal — were incurred to address releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies during the facility's long operational window may be obligated both to recover past cleanup expenditures and to fund remediation still 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.