This property served as the Burlington-Edison School District's fueling station, with underground storage tanks installed as early as 1973 to supply gasoline and diesel to the district's vehicle and bus fleet. Cleanup activities in 1993 included the excavation and removal of a 3,000-gallon unleaded gasoline tank and a 750-gallon tank, along with the removal and stockpiling of 550 cubic yards of contaminated soil. A 10,000-gallon diesel tank installed in 1982 was removed in a separate 1995 project. The site remains under regulatory oversight with residual contamination noted as recently as 2017 and future groundwater monitoring 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 in 1973 and 1982 — well within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The documented remediation expenditures across multiple phases — tank removals, large-scale soil excavation, and ongoing regulatory oversight spanning decades — represent costs that historical carriers who insured the school district's operations during that pre-1986 window may be obligated to recover. With cleanup still in progress and groundwater monitoring yet to come, those same policies may also be called upon to fund the remaining work.
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.