This property has operated as a truck depot and petroleum bulk storage facility since at least 1950, when Freightways Terminal Company began operations at the site. Infrastructure included four 10,000-gallon diesel underground storage tanks, pump islands, and large used oil tanks — one 20,000-gallon and two 8,000-gallon units beneath the onsite building. Cleanup activities in 1991–1992 involved the excavation and removal of six USTs and approximately 590 cubic yards of petroleum-contaminated soil, while three used oil tanks were closed in place; groundwater monitoring wells were installed as part of ongoing site management. The property continues to operate as a truck depot and warehouse. 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.
Petroleum contamination at this site is tied to bulk fuel storage and dispensing operations that date back more than three decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. The documented remediation costs — tank removals, large-scale soil excavation, in-place closures, and groundwater monitoring — were incurred to address releases from that pre-1986 operational window. With cleanup still underway, historical carriers who issued CGL policies to the operators during those decades of bulk petroleum handling may be obligated both to recover past expenditures and to fund the remediation work 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.