This property served as a log truck storage, maintenance, and dispatch center beginning in approximately 1973, with bulk petroleum storage comprising a 12,000-gallon diesel tank, two 1,000-gallon gasoline tanks, and a 1,000-gallon used oil tank. In 1990, all four underground storage tanks were permanently closed and removed, revealing visible soil contamination that required excavation to a depth of 18 feet below ground surface; the used oil tank was slurried in place. The site is enrolled in the Standard 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.
Bulk petroleum storage at this property dates to approximately 1973 — more than a decade before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. The contamination discovered during the 1990 tank removals — diesel, gasoline, and used oil migrating through soil to at least 18 feet — is the kind of gradual, long-duration release those pre-1986 policies were written to cover. Historical carriers who issued CGL policies during the site's operational window may be obligated both to recover the remediation costs already incurred and to fund the cleanup work that remains ahead.
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.