This property has served as a telecommunications facility since before 1970, operated first by General Telephone and later by Telephone Utilities Corporation, which was acquired by CenturyLink. A 1,000-gallon diesel underground storage tank installed in 1953 to fuel an emergency generator was removed in 1990 along with approximately 3 cubic yards of petroleum hydrocarbon-impacted soil, with additional contaminated soil removed in 1991. The site entered the Voluntary Cleanup Program in 2025, with further investigation recommended to define the remaining extent of contamination. 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 diesel contamination at this property originated from an underground storage tank placed into service in 1953 — more than three decades before occurrence-based CGL policies began excluding pollution claims. Site investigations have confirmed older, weathered diesel contamination consistent with decades of slow release during that pre-1986 operational window. With the property now in the Voluntary Cleanup Program and additional investigation and remediation costs ahead, historical carriers who issued CGL policies to the operators during the 1953–1986 period may be obligated to fund the cleanup work this site still requires.
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.