This property operated a 5,000-gallon underground gasoline storage tank and fuel dispenser at a public parking garage in Seattle, with the tank installed in 1982 to replace an older tank that had been removed due to a loss of product. In October 1991, the UST was removed after a release was reported; petroleum-impacted soils were excavated and disposed off-site, approximately 50 gallons of product and rinse water were recovered, and the excavation was backfilled with clean material. Cleanup is categorized under the Standard Cleanup program and remains in a cleanup-started status. 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 gasoline UST installed in 1982 — itself a replacement for an even older tank — places the origin of contamination squarely within the pre-1986 window when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation expenditures at this site — tank removal, soil excavation and off-site disposal, product recovery, and site restoration — represent costs tied directly to that pre-1986 fueling operation. Historical carriers who issued CGL policies covering the garage's operations during the early 1980s and prior may still be obligated to reimburse those cleanup costs and to fund any further remediation the site requires.
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.