This property has a documented history as a bulk fuel distribution terminal predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
The 7th Ave Plaza Drainage Swale was contaminated by petroleum discharges from the adjacent Unocal Bulk Plant 0206, whose oil/water separator and drain line extend beneath the 7th Avenue Plaza parking lot and discharge at the head of the swale. Washington Public Works identified the Union Oil distributor as a likely contributor to the swale's elevated TPH concentrations. Partial remediation in 1991–1992 involved excavation and off-site disposal of approximately 60 cubic yards of petroleum-impacted soil, surface water diversion, backfilling, topsoil placement, and revegetation; a 2021 assessment documented remaining contamination, and cleanup is ongoing. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Why Historical Insurance Policies May Be Accessible
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 here — TPH, diesel, heavy oil, gasoline, and hydraulic fluid — originated from chronic operational discharges at a bulk fuel distribution facility active well before 1986, not from a discrete spill event. Occurrence-based CGL policies issued to facility operators during that pre-1986 window had no effective pollution exclusion and remain enforceable against the gradual, continuous releases that characterize bulk-plant runoff. The documented remediation expenditures — soil excavation and disposal, site restoration, and a 2021 follow-on assessment — represent costs 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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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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.
