This property has operated as a UPS package distribution center with an on-site service garage and fueling area for diesel and gasoline since at least 1964, when the first underground storage tanks were installed. Additional USTs were installed in 1970 and 1974. Cleanup activities under the Voluntary Cleanup Program have included removal of several USTs, excavation of 350 to 830 cubic yards of petroleum-contaminated soil in 1989 and 1994, installation of a soil vapor extraction system, and multi-year groundwater monitoring and assessment from 1989 through at least 2015. The facility remains an active UPS distribution center. 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 originated from underground storage tanks installed in 1964, 1970, and 1974 — each more than a decade before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. Decades of documented remediation expenditures — tank removals, large-scale soil excavation, vapor extraction, and long-term groundwater monitoring — were incurred to address releases tied directly to those pre-1986 fueling and fleet-maintenance operations. Historical carriers who issued CGL policies during that operational window may be obligated both to recover past cleanup costs and to fund the remediation work that continues today.
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.