This property has served as the City of Bellevue's parks department maintenance yard since the early 1960s, with site buildings constructed in that era and a 10,000-gallon underground gasoline storage tank supporting fleet fueling operations. The UST required a fiberglass lining in 1983 due to groundwater ingress, leaked in 1988, and was removed in 1989 along with 425 cubic yards of contaminated soil. Subsequent cleanup under the Standard Cleanup program has included a soil vapor extraction system operated from 1990 to 1999, recovery of free-floating gasoline product through 2003, and ongoing annual groundwater and vapor monitoring continuing since 1989. 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 facility originated from a gasoline UST that was installed and operated decades before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation expenditures — tank removal, large-scale soil excavation, nine years of vapor extraction, product recovery, and more than three decades of monitoring — were incurred to address a release tied directly to those pre-1986 fueling operations. Because cleanup remains ongoing, historical carriers who issued CGL policies during the facility's early operational window may be obligated both to recover past costs and to fund the remediation work still 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.