This property served as aviation fuel storage infrastructure at the Grant County Airport, with six underground storage tanks — including four 50,000-gallon and one 25,000-gallon tank — installed by the U.S. Air Force in approximately 1952 to store aviation gasoline and Jet A fuel. Petroleum hydrocarbon contamination was discovered in 1992, and cleanup activities have been underway since 1991, including temporary closure and in-place decommissioning of all six USTs in the 1990s, installation and operation of active and passive LNAPL recovery systems since 1993, and recovery of at least 586 gallons of free-phase petroleum product and affected groundwater. Extensive site investigation and monitoring continue, with additional cleanup alternatives under evaluation. 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.
The petroleum contamination at this site originated from bulk fuel storage operations that began in 1952 — more than three decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. Over thirty years of documented remediation expenditures — UST decommissioning, LNAPL recovery, groundwater monitoring, and ongoing investigation — represent costs that historical carriers who insured the fueling operations during that pre-1986 window may be obligated to reimburse, along with the additional cleanup work 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.