Seven underground storage tanks were removed from this Richland property between 1992 and 1996, with sampling confirming soil and groundwater contamination from hazardous substances at the site. Remedial actions have been conducted, and additional cleanup work remains underway under Ecology's 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.
The seven USTs at this property were in the ground long before their 1992–1996 removal, placing the operational window for these tanks squarely in the pre-1986 era when occurrence-based CGL policies carried no effective pollution exclusion in Washington. The contamination in soil and groundwater that triggered tank removal and ongoing remediation is the kind of gradual release those policies were designed to cover. Documented cleanup expenditures — tank removals, site investigation, and continuing remedial actions — represent costs that historical carriers on the risk during that operational window may be obligated to fund.
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.