This property has served as King County Metro Transit's East Base since 1976, supporting bus operations including maintenance, fueling, and parking. Original single-walled underground storage tanks installed during initial development were confirmed leaking by 1988, and cleanup activities since then have included soil excavation, UST removal and replacement, groundwater pumping and skimming that recovered thousands of gallons of free product, well decommissioning, and continuous groundwater monitoring. Further investigation, a feasibility study, and evaluation of additional remediation technologies — including pump and treat, air sparging, and in-situ chemical oxidation — are planned. The facility remains in active use for transit operations. 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 traces directly to underground storage tanks installed and operated beginning in 1976 — a full decade before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The documented remediation expenditures already incurred over more than three decades of cleanup, together with the substantial future costs still ahead for feasibility studies and advanced treatment systems, represent obligations that historical carriers who issued CGL policies during the pre-1986 operational window may be required 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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.