The VA Medical Center Seattle has operated as a federal medical care and rehabilitation facility for military veterans since 1949, with multiple underground storage tanks installed in 1964, 1982, and 1985 to serve emergency generators and boilers. Cleanup activities have included pumping 600 gallons of free-phase hydrocarbons from groundwater in 1991, soil excavation in 1992, removal of a 2,000-gallon UST and over seven tons of impacted soil in 1998, and removal of a 6,000-gallon UST in 2007. Additional remediation has involved thermal desorption of excavated soil, activated carbon treatment, and steam cleaning of building floors. Cleanup work is ongoing. 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 underground storage tanks responsible for the contamination at this facility were installed in 1964, 1982, and 1985 — squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The documented releases from that infrastructure have driven more than three decades of remediation expenditures, from free-product recovery and soil excavation to tank removals and thermal treatment, and cleanup remains underway. Historical carriers whose CGL policies were in force when these tanks were installed and operating may be obligated both to recover costs already incurred and to fund the remediation work that continues at the site.
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.