The Butler Garage property at 601 2nd Avenue in Seattle operated as a parking structure from 1935, with two 1,500-gallon gasoline underground storage tanks on site. The tanks were removed in May 1998 after petroleum contamination was discovered in soil and groundwater, triggering placement on Ecology's LUST list. Cleanup under the Standard Cleanup program has included removal of 285 tons of petroleum-impacted soil in 1998 and 2000, installation of a groundwater pump-and-treat system with extraction and injection wells in 2000–2001, potassium permanganate injections from 2004 through 2010, application of bioremediation agents, and ongoing groundwater monitoring continuing through at least 2012. An estimated 50 cubic yards of impacted soil remains in place, and remediation work is 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 gasoline USTs at this property were installed and operated decades before 1986, during the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The petroleum release that triggered more than a decade of active remediation — soil removal, pump-and-treat operations, chemical oxidation, bioremediation — traces directly to those pre-1986 storage tank operations. Historical carriers who issued CGL policies covering the Butler Garage during that window may be obligated both to reimburse the cleanup costs already incurred and to fund the remediation work that remains.
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.