This property served as a Washington Army National Guard organizational maintenance shop, with three underground storage tanks — a 1,000-gallon gasoline tank, a 3,000-gallon diesel tank, and a heating oil tank — installed around 1961 to support fleet and facility operations. All three USTs were removed in February 1992, along with extensive excavation and over-excavation of contaminated soil, tank cleaning and disposal, and treatment of rinsates and collected rainwater. Soil borings and a monitoring well were installed as part of the site assessment, and Ecology has requested ongoing groundwater monitoring, indicating that cleanup work remains active. 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 petroleum contamination at this site originated from underground storage tanks installed around 1961 and operated for roughly three decades — the entirety of the period when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Documented remediation expenditures already include UST removal, soil excavation, water treatment, and sludge disposal, with long-term groundwater monitoring still ongoing. Historical carriers who provided CGL coverage during the tanks' operational life may be obligated both to recover costs already incurred and to fund the monitoring and any further cleanup 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.