This property operated as a petroleum bulk storage facility in Aberdeen, with multiple underground storage tanks including three 10,000-gallon aviation gasoline USTs. An Environmental Site Assessment completed by PEMCO in February 1993 documented the removal of those aviation gasoline tanks, while additional USTs had been excavated and removed in 1990. Groundwater, encountered at approximately four feet below ground surface, displayed a petroleum sheen during the 1993 excavation work. 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 aviation gasoline and petroleum storage tanks at this site were installed and operated well before 1986, placing them squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The documented remediation expenditures — multiple rounds of tank removal, soil excavation, and groundwater management across 1990 and 1993 — arose from releases tied directly to those pre-1986 bulk storage operations. Historical carriers who issued CGL policies during the decades these tanks were in service may still be obligated to cover those cleanup costs.
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.