This property operated as the Halton Tractor heavy equipment storage and maintenance facility, with two 1,000-gallon underground storage tanks holding gasoline and diesel to support fueling operations. A product line failure was documented in 1980, and the USTs were removed in 1990; cleanup activities included additional soil excavation and removal of 450 cubic yards of contaminated soil for bioremediation. Groundwater monitoring continued for approximately eleven years from 1991 through 2002, after which the monitoring wells were decommissioned. 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 that were operational by at least 1980 — well within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation expenditures — tank removal, soil excavation, bioremediation, and over a decade of groundwater monitoring — represent costs tied directly to releases from those pre-1986 operations. Historical carriers who issued CGL policies during that window may be obligated both to recover past cleanup costs and to fund any remaining remediation obligations.
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.