This property served as a motor fuel dispensing facility at Port of Seattle Terminal 37, with underground storage tanks installed as early as 1975 storing diesel, gasoline, and leaded gasoline. Cleanup under the Standard Cleanup program has included the removal of two USTs totaling 14,500 gallons of capacity, excavation and disposal of approximately 118 tons of contaminated soil, and closure in place of a 500-gallon used-oil tank. A multi-year groundwater monitoring program ran from at least 1993 through 1996, with semi-annual sampling to track subsurface conditions. 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 terminal originated from underground storage tanks installed in the mid-1970s — squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation costs to date — tank removals, soil excavation and off-site disposal, tank closure, and years of groundwater monitoring — were incurred to address releases tied directly to those pre-1986 fueling operations. Because cleanup is ongoing, historical carriers who wrote CGL policies during the 1975–1986 operational window may be obligated both to recover past expenditures and to fund the remediation work 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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.