This property has operated as the transportation and maintenance facility for the Evergreen School District since at least 1978, supporting a vehicle fleet with multiple underground storage tanks for gasoline, diesel, kerosene, and waste oil — some installed as early as 1964. Cleanup activities under a Standard Cleanup engagement have spanned from 1990 through at least 2024, including the excavation and removal of at least nine USTs totaling approximately 39,000 gallons of capacity, removal of contaminated soil, associated piping, liquids, and sludges, along with post-excavation sampling and ongoing site assessments. Cleanup work is ongoing. 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 site originated from underground storage tanks installed in 1964 and 1978 — well before 1986, when occurrence-based Commercial General Liability policies were still standard and carried no effective pollution exclusion in Washington. The multi-decade remediation effort documented here — tank removals, soil excavation, hazardous waste management, and years of assessment work — represents cleanup expenditures that historical carriers who covered the facility during its pre-1986 operations may be obligated both to recover and to fund going forward.
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.