This property served as the Auburn Service Center for Puget Sound Power & Light Company, constructed in 1969–1970 and used for vehicle maintenance, fuel dispensing for utility line trucks, and utility pole storage. Cleanup activities ran from 1993 to at least 2012 under the Standard Cleanup program, encompassing removal of underground storage tanks, excavation of over 3,000 cubic yards of contaminated soil, on-site soil treatment through landfarming and screening of 1,560 cubic yards, pumping and land-application of 20,000 gallons of excavation water, and ongoing groundwater monitoring. Cleanup work is ongoing. 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 facility — petroleum hydrocarbons from fueling operations and pentachlorophenol from the pole storage yard — originated from utility maintenance activities that began in 1969, more than fifteen years before 1986. Occurrence-based CGL policies issued to Puget Sound Power & Light during that pre-1986 operational window carried no effective pollution exclusion under Washington law and remain enforceable today. Nearly two decades of documented remediation expenditures — tank removals, large-scale soil excavation and treatment, water management, and long-term monitoring — represent costs the historical carriers may be obligated both to recover 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.