This property has operated as a lift truck service facility with a maintenance area, outdoor wash rack, and office — functions it continues to serve today. Three underground storage tanks — a 1,000-gallon diesel tank, a 1,000-gallon unleaded gasoline tank, and a 550-gallon used oil tank — were excavated and removed in 1992, along with approximately 221 cubic yards of petroleum-impacted soil. The site was placed on the Leaking Underground Storage Tank list that same year, and further investigation and cleanup actions remain required. 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 petroleum contamination at this property is attributed to underground storage tanks that were in service well before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Documented remediation costs already include tank removal, soil excavation, and offsite disposal, and the site's ongoing cleanup status means additional investigation and remediation expenditures lie ahead. Historical carriers who issued CGL policies during the pre-1986 operational window may be obligated both to reimburse costs already incurred and to fund the cleanup work still to come.
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.