This property has served as an automobile repair shop associated with the Monroe Correctional Complex motor pool, with underground storage tanks supporting vehicle maintenance operations predating 1986. In December 2007, a 300-gallon waste oil UST was excavated and removed along with approximately 45 cubic yards of petroleum-affected soil; additional remediation included replacing an oil-water separator and off-site disposal of contaminated materials. Petroleum hydrocarbons and chlorinated solvents — including tetrachloroethylene (PCE) and trichloroethylene (TCE) — have been identified at the site, and cleanup work remains ongoing with potential future remediation eligible for grants of $200,000 to $300,000. 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.
Contamination at this site is tied to a waste oil UST that predated 1986, a period when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation expenditures — tank removal, soil excavation, separator replacement, and off-site disposal — along with the prospect of significant additional cleanup costs represent obligations that historical CGL carriers may be required 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.