This property was historically part of the Pasquier Panel manufacturing facility, where a 3,000-gallon underground storage tank stored non-halogenated solvents including Stoddard solvent, mineral spirits, toluene, and methyl ethyl ketone. The UST was removed in 1992 along with 20 cubic yards of contaminated soil, and extensive site investigations, groundwater sampling, and monitoring well installations were conducted between 2020 and 2022 under the Voluntary Cleanup Program. A separate heavy oil release from aboveground storage tanks and general operations was also identified, with oil staining observed on cracked concrete floors and excessive used oil stored in uncovered buckets. 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 solvent contamination at this property traces to an underground storage tank estimated to have been installed around 1967 — nearly two decades before occurrence-based Commercial General Liability policies stopped reliably covering pollution claims in 1986. The remediation costs documented here — tank removal, soil excavation, years of groundwater investigation and monitoring, well installation and decommissioning — were incurred to address releases that originated squarely within the pre-1986 policy window. Historical carriers who covered the manufacturing operations during those decades may be obligated both to reimburse past cleanup expenditures and to fund the remedial work 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.