This property has a documented history as a public works and maintenance facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property served as the City of Mercer Island Public Works complex and maintenance facility, with three underground storage tanks totaling 25,000 gallons used to store unleaded gasoline and diesel fuel. The USTs were identified as leaking in March 1991 and removed in June 1993, along with approximately 100 cubic yards of contaminated soil. An air-sparge and vapor extraction remediation system has been designed and partially installed to treat affected groundwater and soil vapor, with additional above-ground components still planned. The site is enrolled in the Voluntary Cleanup Program and remediation is ongoing. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Why Historical Insurance Policies May Be Accessible
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 originated from underground storage tanks that stored fuel for municipal operations well before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation expenditures — tank removal, soil excavation, and design and installation of a groundwater and vapor treatment system — represent costs already incurred, with further cleanup work still ahead. Historical carriers who issued CGL policies during the period these USTs were in active use may be obligated both to reimburse past remediation costs and to fund the remaining cleanup.
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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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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.