This property is a portion of the former C and C Paints site, where underground storage tanks holding mineral spirits and paint thinner supplied an adjacent paint-mixing operation. Cleanup under the Voluntary Cleanup Program has included UST removals in 1990 and closures in place in 1992 and 1998, free-product recovery from groundwater beginning in 1996, enhanced in-situ bioremediation via calcium peroxide injections in 2011, and a soil vapor extraction system operating since May 2012. Groundwater monitoring has continued from 1996 through at least 2013, and remediation 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.
The underground storage tanks at this site were installed as early as approximately 1967, placing the origin of contamination well before 1986 — the year occurrence-based CGL policies ceased reliably covering pollution claims in Washington. More than two decades of documented remediation expenditures — tank removals, free-product recovery, bioremediation, vapor extraction, and long-term monitoring — trace directly to releases from those pre-1986 operations. Historical carriers who issued CGL policies during the decades the tanks were in service may be obligated both to recover past cleanup costs and to fund the remediation still underway.
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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.