This property served as a bus repair shop and garage for the Nooksack Valley School District #506, with underground storage tanks supplying diesel and unleaded gasoline to school buses and district vehicles. In 1997, two USTs — a 1,000-gallon diesel tank and a 4,000-gallon gasoline tank — were decommissioned and removed, and contaminated soil was overexcavated and stockpiled onsite. The 73 loose cubic yards of petroleum-impacted soil were successfully remediated by 2001 and cleared for use as backfill, while the original excavation was backfilled with clean soil. 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 underground storage tanks at this school district facility were likely installed no later than 1972 — well within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The petroleum contamination discovered in soil upon their 1997 removal traces directly to decades of fueling operations under those pre-1986 policies. Documented remediation costs — tank decommissioning, soil excavation, onsite treatment, and backfill — represent expenditures that historical carriers who covered the district's operations during that window 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.