This property operated as an industrial site under the name Pioneer Construction Materials Co., with underground storage tanks — a 6,000-gallon diesel tank and a 3,000-gallon gasoline tank — serving on-site fueling for construction equipment and operations dating to at least the mid-1960s. Both tanks were excavated and removed in 1989, during which a release of petroleum contamination was reported. Ecology's involvement has spanned from 1989 to at least 2016, with residual soil contamination still present and additional soil excavation and aeration planned. Cleanup work remains in progress. 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 site traces directly to underground storage tanks that were installed and operating decades before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The remediation cost trail here — tank removal, soil excavation, aeration, and more than twenty-five years of regulatory oversight — represents expenditures that historical carriers who issued CGL policies during the pre-1986 operational window may be obligated both to reimburse and to continue funding as cleanup proceeds.
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.