This property was used by the Absher construction business, which operated two underground storage tanks for gasoline and generated waste oil on site prior to 1991. Cleanup under the Standard Cleanup program has included removal of both USTs in 1991, excavation and landfarming of approximately 800 cubic yards of contaminated soil, installation of monitoring wells, and ongoing annual groundwater sampling. Natural bioremediation and aeration of the landfarmed soil are planned as part of continuing remediation efforts. 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 gasoline and waste oil releases at this property originated from underground storage tanks estimated to have been installed around 1966 and operated by the construction business through at least the late 1980s — well within the window when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. Documented remediation expenditures already include tank removal, large-scale soil excavation, landfarming, and a multi-year groundwater monitoring program, with additional cleanup work still ahead. Historical carriers who issued CGL policies during the decades these tanks were in active use may be obligated both to recover past cleanup costs and to fund the remediation 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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.