This property operated as a bulk fuel oil plant with underground storage tanks, a pump island, and associated petroleum distribution infrastructure. In 1989, two underground storage tanks were removed and approximately 100 cubic yards of petroleum-contaminated soil were excavated and treated through on-site landfarming. The site entered the Voluntary Cleanup Program in 1998, which continued through 2007 before being terminated due to inactivity; cleanup status remains open 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 property traces to bulk fuel storage and distribution operations that were in place decades before 1986, with the underground storage tanks estimated to have been installed no later than the mid-1960s. Occurrence-based Commercial General Liability policies issued during that operational window contained no effective pollution exclusion under Washington law and remain enforceable today. The documented remediation costs — tank removals, soil excavation, landfarming, and years of voluntary cleanup participation — represent expenditures that historical carriers may be obligated both to recover and to fund as cleanup continues.
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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.