Three underground fuel storage tanks — containing leaded gasoline, furnace oil, and diesel — were removed from this school property in August 1990, with the 750-gallon furnace oil tank located adjacent to the boiler room of the main school building. Contamination was discovered during removal, prompting excavation, free-product recovery from groundwater using adsorbent cloths, and installation of monitoring wells. The cleanup process, conducted under the Voluntary Cleanup Program, spanned at least eight years of regulatory interaction and remediation work. Cleanup activities at the site remain 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.
The underground storage tanks at this property held leaded gasoline — a fuel largely phased out before 1986 — placing the tanks' operational period squarely within the era of occurrence-based Commercial General Liability policies that carried no effective pollution exclusion in Washington. The documented remediation costs here — tank removal, contaminated soil excavation, groundwater product recovery, and long-term monitoring — represent expenditures tied directly to releases from those pre-1986 operations. Historical carriers who issued CGL policies during the tanks' active service may be obligated both to reimburse past cleanup costs and to fund the remediation work that lies 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.