This property has served as the Winlock School District's bus garage since at least 1961, when underground storage tanks were first installed to fuel the district's school motor vehicle fleet. Three USTs — including tanks storing diesel, gasoline, and leaded gasoline — were removed in 1995, and cleanup under the Voluntary Cleanup Program has included excavation of approximately 2,000 cubic yards of contaminated soil with on-site bioremediation, groundwater treatment via activated carbon, and multi-year groundwater monitoring conducted from 1995 through 1998 and again in 2024. Significant soil contamination remains, with further excavation, a protective cap, and long-term cap monitoring recommended for future remediation phases. 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 site originated from underground storage tanks installed as early as 1961 — more than two decades before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. The decades of remediation expenditures already incurred — tank removals, large-scale soil excavation, groundwater treatment, and long-term monitoring — along with the substantial cleanup work still ahead represent costs that historical carriers who insured the district's operations during the pre-1986 window may be obligated both to reimburse and to fund going 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.