This property has operated as a cargo and shipping terminal since at least 1930, when its 41,000-square-foot warehouse was constructed. A 3,000-gallon underground gasoline storage tank serving terminal operations was removed in late 1991, along with the overexcavation of approximately 90 tons of petroleum-impacted soil. Site investigation and groundwater monitoring followed from 1992 through 1995, including the construction of five monitoring wells and repeated sampling events. Cleanup work is ongoing under the Standard Cleanup program. 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 terminal originated from an underground storage tank that likely dates to the mid-1960s or earlier — decades before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. The documented remediation expenditures here — tank removal, soil excavation, well installation, and years of groundwater monitoring — represent costs tied directly to those pre-1986 operations. Historical carriers who issued CGL policies during the terminal's long operational window may be obligated both to recover past cleanup costs and to fund any remaining remediation.
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.