This property has served as a Washington State Department of Transportation maintenance, storage, and fueling facility since its construction in 1931. Cleanup under the Voluntary Cleanup Program has been underway since at least 1993 and has included removal of multiple underground storage tanks and hydraulic lifts, excavation of over 240 cubic yards of contaminated soil, installation of a soil vapor extraction system, and an in situ bioremediation pilot study involving 20 remediation wells and offsite disposal of 3,000 gallons of extracted groundwater. The facility remains in active use for WA DOT equipment and vehicle storage and maintenance. 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.
Contamination at this site traces to fueling and vehicle-maintenance operations that began in the 1930s — more than five decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The multi-decade remediation record here, from UST removals in the mid-1980s through ongoing bioremediation well construction, documents a substantial and still-growing trail of cleanup expenditures. Historical carriers who issued CGL policies covering this facility during its pre-1986 operational window may be obligated both to reimburse past remediation costs and to fund the cleanup work that remains 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.