The Charles Street Service Complex has served as the City of Seattle's vehicle maintenance and fueling facility since at least 1966, when three 7,500-gallon underground storage tanks were installed; additional 12,000-gallon tanks followed in 1974. Cleanup activities have included excavation and removal of multiple USTs, corroded fuel lines, and hundreds of cubic yards of contaminated soil, along with vapor extraction systems that operated for multiple years removing an estimated 20 pounds of petroleum contaminants monthly. Remediation 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 petroleum contamination at this facility traces to underground storage tanks and fuel infrastructure installed and operated by the City of Seattle beginning in 1966 — two decades before occurrence-based CGL policies began excluding pollution claims. The scale of documented remediation — tank and fuel-line removals, extensive soil excavation, years of vapor extraction — represents substantial cleanup expenditures tied directly to those pre-1986 operations. Historical carriers who provided coverage during the decades these tanks were in service may be obligated to reimburse past remediation costs and to fund the cleanup work that remains.
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.