This property operated as the Ballard Transfer Co., a commercial transfer station that maintained underground fuel storage tanks to fuel its own vehicle fleet. Two USTs — a 2,500-gallon tank that previously held gasoline and a 6,600-gallon tank — along with a fuel dispenser were excavated and removed in December 1989. The site has been under assessment and status tracking since 1990, including a Site Hazard Assessment in 2013, with further assessment and remediation potentially still needed. 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.
Petroleum contamination at this property originated from underground storage tanks that stored gasoline and diesel for fleet operations well before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation costs — tank removals, excavation, and more than three decades of ongoing site assessment — represent expenditures that historical carriers who issued CGL policies during the pre-1986 operational window may be obligated both to recover and to fund as further cleanup moves 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.