This property has served as South Seattle Community College since at least the late 1960s, with campus operations including automotive and aircraft mechanics and maintenance training supported by numerous underground storage tanks holding aviation gasoline, jet fuel, diesel, automotive gasoline, naphtha, and waste oil. In 1994, 17 USTs, hydraulic hoists, and oil/water separators were removed along with 430 cubic yards of contaminated soil, accompanied by groundwater pumping and installation of a soil venting pipe. A second phase in 2013 removed 11 additional USTs and dispenser islands, requiring tank inerting, triple rinsing, and offsite disposal of approximately 3,750 gallons of rinsate and pit water. 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.
The underground storage tanks at this site were installed and operated decades before 1986, during an era when occurrence-based Commercial General Liability policies routinely covered pollution events without exclusion. Two documented phases of remediation — spanning 1994 through 2013 and encompassing 28 tank removals, large-scale soil excavation, groundwater recovery, and continued site management — represent substantial cleanup expenditures tied to contamination from those pre-1986 operations. Historical carriers who issued CGL policies during that operational window may be obligated both to recover past remediation costs and to fund the cleanup work that remains.
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.