This property served as the Pacific County Public Works facility for the city of Long Beach, housing three buildings and a parking area for motor vehicles and heavy machinery. The site historically contained four underground storage tanks — each 4,000 gallons — holding unleaded gasoline and diesel fuel, with an estimated installation date around 1965. Cleanup activities following UST removal in August 1990 included excavation of contaminated soil, skimming of floating gasoline from groundwater, collection and disposal of contaminated water, and multi-year land farming of impacted soils, with site assessment and ranking continuing through 2016. 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 installed and operated roughly two decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The documented remediation expenditures — tank removal, soil excavation, groundwater treatment, years of land farming, and ongoing site assessment — were incurred to address releases tied directly to those pre-1986 operations. Because cleanup is still underway, historical carriers who issued CGL policies during the operational window may be obligated both to recover past costs and to fund the remediation work ahead.
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.