This property has served as an equipment storage and maintenance facility for Petersen Brothers Inc since the early 1970s, with a maintenance shop building featuring service bays used for truck repair and vehicle servicing. In 1999, four underground storage tanks were excavated and removed along with approximately 400 cubic yards of contaminated soil, and 40,000 gallons of groundwater were treated using granular activated carbon. Cleanup is ongoing under the Voluntary Cleanup Program, with Ecology requiring continued soil and groundwater sampling, a terrestrial ecological evaluation, and potential vapor intrusion studies as of 2025. 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.
Contamination at this facility traces to underground storage tanks and waste-oil conveyance systems installed and operated from the early 1970s through at least 1985 — infrastructure that was in active use for more than a decade before occurrence-based CGL policies gave way to claims-made forms with pollution exclusions. The documented remediation costs already incurred — tank removals, large-scale soil excavation, groundwater treatment — and the additional investigation and cleanup work Ecology still requires represent expenditures that historical carriers who covered the facility during its pre-1986 operational window may be obligated both to reimburse 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.