This property operated as the Lenny's Fuel West fuel distribution facility from 1977 through 1992, run by Leonard and Barbara Campbell. At least eight underground storage tanks — holding gasoline, diesel, heating oil, and waste oil with capacities ranging from 550 to 10,000 gallons — were located onsite during that period. Cleanup under the Standard Cleanup program has included the removal of all eight USTs in 1992 and excavation of 277.4 tons of petroleum-contaminated soil in 1999, with investigation-derived waste disposed of as recently as 2017. The site remains an active cleanup project with further investigation recommended. 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 fuel distribution operations and underground storage tanks that were installed and operated beginning in 1977 — nearly a decade before occurrence-based CGL policies ceased reliably covering pollution claims. The documented remediation expenditures to date — tank removals, soil excavation, waste disposal, and ongoing investigation — represent costs tied directly to releases from those pre-1986 operations. Historical carriers who issued CGL policies during the 1977–1985 operational window may be obligated both to recover past cleanup costs and to fund the further investigation and remediation work that remains ahead.
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.