This property operated as a gasoline service station with underground storage tanks at 1105 Stewart St in Seattle. Cleanup under the Voluntary Cleanup Program has spanned multiple phases: a 1996 UST removal and soil excavation of 42 cubic yards, followed by an extensive 2012–2017 remediation effort that included mass excavation to depths of 50 feet, removal and off-site disposal of contaminated soil and perched groundwater, installation of foundation drains for ongoing groundwater management, and a soil gas and vapor intrusion assessment. Further remediation is still needed for portions of the larger site. 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 property originated from underground storage tanks that were in place well before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Two decades of documented remediation — tank removal, deep excavation, groundwater management infrastructure, vapor intrusion investigation — have already generated substantial cleanup costs, and work remains incomplete. Historical carriers who issued CGL policies during the pre-1986 operational window may be obligated both to reimburse past expenditures and to fund the remediation still 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.