Clover Park Technical College operated underground storage tanks for gasoline at its Tacoma campus, likely supporting an internal fueling and fleet maintenance operation. A release from a leaking underground storage tank contaminated soil with gasoline-range petroleum hydrocarbons above MTCA cleanup levels in the area of the former USTs. The site was previously designated as Reported Cleaned Up, but Ecology determined that existing documentation did not demonstrate MTCA cleanup standards had been achieved, and the site has been returned to active cleanup status. 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 petroleum contamination at this site originated from underground storage tank operations at a long-established public institution, with the release characterized as historical and the site among a group of legacy LUST cases re-evaluated in 2013. Occurrence-based CGL policies issued during the pre-1986 operational window — before pollution exclusions became standard — may cover the remediation costs now required to bring the site into compliance with MTCA standards. With cleanup restarted after the earlier Reported Cleaned Up designation was found insufficient, the responsible parties face renewed expenditures that historical carriers may be obligated both to recover 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.