This property served as a maintenance facility and fueling station, operated first by the Washington State Department of Transportation and later by the City of Hoquiam, with operations ceasing in the 1960s. Cleanup under the Standard Cleanup program has included the excavation and removal of five underground storage tanks and a hydraulic lift sump in May 1994, along with soil sampling from the excavation and removal of stockpiled contaminated soil. The historic release from leaking underground storage tanks is the identified source of contamination at the site. 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 contamination at this property — petroleum hydrocarbons and lead from decades of fueling and vehicle maintenance — originated from government operations that ended before 1970, more than fifteen years before occurrence-based CGL policies gave way to claims-made forms with pollution exclusions. The documented remediation expenditures for UST removal, sump excavation, and contaminated soil disposal trace directly to releases that occurred during the pre-1986 policy window. Historical carriers who covered these municipal operations may still be obligated to recover past cleanup costs and to fund any remaining remediation work.
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.