This property operated as a truck repair facility with two diesel underground storage tanks — one 1,000-gallon and one 500-gallon — serving the operation. Petroleum contamination was reported in 1998, and the two USTs were removed in January 1999 along with approximately 60 cubic yards of contaminated soil, which was landfarmed. Cleanup is underway under the Standard Cleanup program. 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 diesel USTs at this site were removed in 1999, placing their estimated installation around the mid-1970s — well within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The petroleum release from those tanks represents exactly the kind of gradual, operations-driven contamination that pre-1986 CGL policies were written to cover. Documented remediation expenditures — tank removal, soil excavation, and landfarming — along with any ongoing cleanup obligations may be recoverable from the historical carriers whose policies were in force during the facility's operating years.
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.