The property at 626 Burwell Street in Bremerton operated as an auto service shop and Les Schwab Tire Center, with four underground storage tanks storing gasoline and diesel on the 0.18-acre parcel. In 2007, all four USTs were excavated and removed — inspectors noted small holes and corrosion consistent with long-term leakage — along with 285 tons of petroleum-contaminated soil. Site investigations and a hazard assessment continued from 2007 through 2013, and cleanup work remains ongoing under the 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 petroleum contamination at this property is attributed to leaking underground storage tanks that served the auto service operations predating 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The corrosion and perforation observed during the 2007 tank removal point to a slow, progressive release — exactly the type of occurrence those historical policies were written to cover. Documented remediation expenditures including tank removal, soil excavation, and years of investigation represent costs that historical carriers may be obligated to reimburse, with ongoing cleanup obligations 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.