This property has a commercial and industrial history dating to the 1940s, when it was used as a salvage yard and steam cleaning facility, with buildings constructed in 1952 and 1963. A 675-gallon heating oil underground storage tank was removed in 1998 along with approximately 60 cubic yards of petroleum-contaminated soil, which was treated by offsite thermal desorption. Subsequent investigations in 2007 and a site hazard assessment in 2013 confirmed persistent naphthalene contamination in soil and diesel- and oil-range hydrocarbons in groundwater, and the site remains in active cleanup status with monitoring and potential further remediation ahead. 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 property traces to a heating oil UST and associated operations that were in place decades before 1986 — the property's commercial use began in the 1940s and the tank was taken out of service circa 1963. Occurrence-based CGL policies issued during that long operational window carried no effective pollution exclusion under Washington law and remain enforceable today. Documented remediation costs already include tank removal, soil excavation, and thermal treatment, with ongoing groundwater monitoring and potential future cleanup still to be funded — expenditures that historical carriers may be obligated both to reimburse and to cover 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.