This property has served as the City of Aberdeen's Public Works and Water Shop, a municipal fleet fueling and maintenance facility at Garfield and Heron Streets. Multiple underground storage tanks holding unleaded gasoline, regular gasoline, diesel, and furnace oil were excavated and removed between 1989 and 1990, with some tanks confirmed to be at least 30 years old at the time of removal — placing their installation by 1959 or earlier. Although the site was initially reported as cleaned up in 1990, it was reopened in 2013 after contamination was identified; additional characterization work in 2016 and 2017 confirmed ongoing soil and groundwater contamination, and further remedial evaluation has been recommended. 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 originated from underground storage tanks installed and operated by the City of Aberdeen as far back as the late 1950s — decades before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. The site's protracted cleanup arc — tank removals in 1989–1990, reopening in 2013, and an active remedial investigation still underway — represents both past expenditures that historical carriers may be obligated to reimburse and future remediation costs they may be required to fund under those same policies.
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.