This property has operated as a bulk-fueling facility since at least the 1940s, with fuel storage and transfer operations run by various entities over that span. Historical fuel releases have been documented at multiple locations across the facility, including free-phase product discovered near underground storage tanks. Cleanup under the Voluntary Cleanup Program has included initial response actions to control and remove free product, with interim cleanup actions directed beginning in 2017 and a formal work plan issued in 2018. 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.
Contamination at this site stems from historical fuel releases tied to bulk-fueling operations that began more than four decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. The remediation costs incurred here — free-product recovery, interim cleanup actions, and what remains of a multi-year cleanup effort still underway — represent expenditures that historical carriers who insured the facility's operators 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.