This property formerly housed a small Union Oil terminal with multiple aboveground and underground storage tanks for gasoline and diesel, with fuel tank installations dating to at least 1963 and aboveground tanks removed beginning in 1975. Cleanup activities spanning from 1975 through 2009 have included removal of multiple USTs and ASTs, excavation of 2,344 tons of petroleum-contaminated soil and 28,000 cubic yards of shoreline sediments, extensive backfilling, asphalt capping, and use of on-site buildings for containment. A multi-year site assessment from 1989 to 1995 yielded a No Further Action determination, though additional remediation work has continued. 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 and lead contamination at this property originated from bulk fuel storage and distribution operations that began more than two decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The documented remediation expenditures here are substantial — thousands of tons of contaminated soil removed, tens of thousands of cubic yards of shoreline sediments excavated, and ongoing containment measures — and represent costs that historical carriers who insured the terminal's operations 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.