A 3,000-gallon heating oil underground storage tank was installed at the Harborview Medical Center property in the 1940s to serve the hospital's boiler system; the tank had fallen out of use by the 1950s. Diesel-range petroleum contamination was reported to Ecology in April 1991, triggering cleanup activities that included removal of 1,500 gallons of rainwater from the tank, rinsing and off-site disposal of the UST, and excavation of approximately 20 cubic yards of contaminated soil. Additional contaminated soils were likely removed during hospital redevelopment in the 1990s, with remedial reporting spanning from 1992 through 2006. Cleanup work at the site 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.
The heating oil contamination at this property traces to a tank installed in the 1940s and operated through the 1950s — decades before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. The remediation costs documented here — tank removal, soil excavation, and over a decade of investigation and reporting — arose from a release tied directly to that mid-century infrastructure. Historical carriers who issued CGL policies during the tank's operational life may be obligated both to recover past cleanup expenditures and to fund remediation still 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.