The Columbia Basin Hatchery is a fish hatchery and rearing facility operated by the Washington Department of Fish and Wildlife in Moses Lake. Cleanup under the Voluntary Cleanup Program has included the excavation and removal of five underground storage tanks — ranging from 500 to 2,000 gallons and storing fuel oil and gasoline — with tank removals occurring in 1993 and 1997. Remediation work has also involved the removal and treatment of petroleum-impacted soils, pumping and treatment of pooled groundwater encountered during excavations, and backfilling with clean material. Cleanup work at the site 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 underground storage tanks removed from this facility were used to support hatchery and wildlife-program maintenance operations that predate 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The petroleum contamination in soil and groundwater here is the product of those decades of pre-1986 fuel storage and handling. Documented remediation costs — tank removals, soil treatment, groundwater recovery, and site restoration — represent expenditures that historical carriers who issued CGL policies during the operational window may be obligated to reimburse and to fund as cleanup continues.
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.