This commercial and industrial property operated as Rhine Demolition from the late 1970s, with activities including equipment staging and maintenance, demolition truck washing, sandblasting, and painting. A 10,000-gallon diesel underground storage tank was installed in 1975 and operated until its removal in 1998, at which point 25 tons of diesel-impacted soil were excavated. Site investigations have identified petroleum hydrocarbons, metals, and vinyl chloride in soil, and further investigation and waste management activities are underway through the Voluntary Cleanup Program. 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.
Contamination at this property — petroleum hydrocarbons, metals, and vinyl chloride — stems from heavy industrial operations and a diesel UST that were in place for more than a decade before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion. The documented remediation costs already incurred, including tank removal and soil excavation, along with the ongoing investigation and cleanup obligations ahead, represent expenditures that historical carriers who wrote CGL policies during the late 1970s and early 1980s may be obligated both to reimburse 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.