This property served as the base of operations for Dawson Trucking's commercial aggregate hauling business from 1980 to 1995, with an equipment shop and dedicated diesel fuel storage and dispensing facilities for its fleet. When underground storage tanks were removed in 1995, a hole was discovered in one of the tanks, revealing diesel contamination in soil and groundwater. Cleanup under the Standard Cleanup program has included excavation of approximately 325 cubic yards of contaminated soil, recovery of roughly 100 gallons of diesel free product and 141 gallons of well development water, and disposal of 19 drums of investigation-derived waste. Quarterly groundwater monitoring has continued through at least 2017, and cleanup work remains ongoing. 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.
Diesel contamination at this site originated from a corroded underground storage tank that served Dawson Trucking's fleet operations beginning in 1980 — six years before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. The release was not a sudden event but a slow, operational-era leak through a hole in the tank, exactly the kind of progressive contamination the pre-1986 policies were designed to cover. More than two decades of documented remediation costs — tank removal, soil excavation, free-product recovery, waste disposal, and long-term groundwater monitoring — represent expenditures the historical carriers may be obligated both to reimburse and to continue funding.
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.