Yale Elementary School maintained a 675-gallon underground storage tank on its property that historically stored diesel and, in its final year of service, leaded gasoline. The UST was removed in 1991, with an excavation measuring 7 feet by 15 feet by 6.5 feet deep and soil sampling conducted to assess contamination. The site has since received a No Further Action determination, and the school remains in active use. 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 presence of leaded gasoline in the UST confirms that fueling operations at this property predated the mid-1980s phaseout, placing them squarely within the era of occurrence-based Commercial General Liability policies that carried no effective pollution exclusion. The documented costs of UST removal, excavation, and soil investigation were incurred to address a release tied to those pre-1986 operations. Historical carriers who issued CGL policies during the tank's operational life may still be obligated to recover those remediation expenditures.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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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.