This property has housed Washington State University's College Avenue Steam Plant since 1927, originally burning coal and later converting to natural gas to generate steam for campus heating. Supporting infrastructure included coal bulk storage areas and diesel tank farms, and historical use and storage of petroleum products at the site led to soil and groundwater contamination. Cleanup activities to date have included soil excavation and tank cleaning, with a proposed remediation plan encompassing five years of groundwater monitoring for natural attenuation, asphalt capping, vapor sealing, passive venting, and institutional controls at an estimated cost of $587,000. The site is enrolled in the Voluntary Cleanup Program and 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.
Petroleum contamination at this site traces to industrial fuel storage and handling operations that began in 1927 — nearly six decades before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. The remediation costs already incurred and the $587,000 in proposed cleanup expenditures — capping, monitoring, vapor controls, and long-term institutional controls — represent the kind of sustained environmental liability that pre-1986 carriers may be obligated both to reimburse and to fund going forward. Historical policies issued during the decades of coal, diesel, and oil operations at this steam plant remain a plausible source of recovery.
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.