This property has hosted fuel storage and vehicle servicing operations since at least 1958, when the first underground storage tanks were installed at what was then a service station. The University of Washington constructed the current Motor Pool facility on the site in 1979 to administer, repair, and fuel its fleet of over 500 vehicles. Cleanup activities have included excavation and removal of 11 underground storage tanks and up to 150 cubic yards of petroleum-contaminated soil, with groundwater monitoring conducted from 1998 through 2011 and natural attenuation employed as a remediation method. Additional work, including slab removal and replacement, is planned. 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 traces to underground storage tanks and hydraulic hoists that were installed and operated continuously from the late 1950s — more than two decades before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. The documented remediation expenditures to date — tank removals, soil excavation, and over a decade of groundwater monitoring — along with the planned slab work still ahead, represent costs that historical carriers who issued CGL policies during that pre-1986 operational window may be obligated both to recover and to fund going forward.
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.