Great Western Malting operated as an industrial facility in Vancouver, Clark County, with a three-tank underground storage tank system used to store diesel and Bunker C heating oils. Petroleum-contaminated soil was first discovered when the USTs were decommissioned in 1991, and formal cleanup under the Voluntary Cleanup Program has been underway since 2014 — including excavation of 526 tons of contaminated soil, removal of three USTs, and disposal of 1,800 gallons of impacted groundwater. Active remediation systems currently in operation include an air sparge system running since August 2019 and a bioventing system operational since June 2019, with combined blower runtimes exceeding 74,000 hours, supplemented by manual recovery of free-phase petroleum product and quarterly groundwater monitoring expected to continue through 2025. 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 stems from historical releases from underground storage tanks that were in service well before 1986, when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion in Washington. Over a decade of documented remediation expenditures — tank removal, soil excavation, groundwater treatment, air sparging, bioventing, LNAPL recovery, and long-term monitoring — represent costs that historical carriers who insured the facility during that pre-1986 operational window may be obligated both to reimburse and to continue funding as cleanup work proceeds.
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.