This property served as the Shaughnessy & Company truck and maintenance facility, with multiple underground storage tanks used to fuel the company's service vehicles and equipment. Cleanup under the Standard Cleanup program has included UST removals in both 1990–1991 and 1997, excavation and disposal of 361 tons of contaminated soil, and dewatering of petroleum-affected groundwater — stored in 21,000-gallon holding tanks and discharged to the sanitary sewer. Remediation 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 contamination at this property stems from underground storage tanks that fueled fleet operations well before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The multi-year remediation record — repeated tank removals, hundreds of tons of soil disposal, groundwater recovery and treatment — documents substantial cleanup expenditures tied directly to those pre-1986 operations. Historical carriers who covered the facility during that period may be obligated both to reimburse past remediation costs and to fund the cleanup 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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.