This property has served as a municipal equipment storage facility operated by the City of Clarkston, with underground storage tanks supplying fuel for city equipment. In 1992, three underground storage tanks were removed along with 60 cubic yards of petroleum-contaminated soil, and a release was reported to the Washington Department of Ecology. Subsequent investigation and cleanup activities continued into 2023–2024, including soil and groundwater assessment, handling and disposal of investigation-derived waste, and site restoration work. 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 site originated from underground fuel storage tanks that were installed and operated well before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. More than three decades of documented remediation activity — tank removals, soil excavation, groundwater assessment, and ongoing site restoration — reflect the kind of long-tail environmental liability those historical policies were designed to cover. The municipality's historical carriers may be obligated to reimburse past cleanup expenditures and to fund the remediation work still underway.
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.