This property served as the NOAA National Marine Fisheries Northwest Center, a federal government facility with underground storage tanks installed as early as 1966 and 1977. Cleanup activities have included the excavation and removal of four underground storage tanks and associated product lines, overexcavation of approximately 5.10 tons of petroleum-contaminated soil treated by thermal desorption, and a groundwater product recovery program with discharge through an oil/water separator. Continued groundwater monitoring for one year was recommended following the remediation work. 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 federal facility were installed in 1966 and 1977 — squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. Soil sampling from the gasoline tank excavation included analysis for Total Lead, indicating the likely historical use of leaded gasoline and reinforcing that contamination originated well before 1986. The documented remediation expenditures — tank removals, soil excavation and thermal treatment, groundwater recovery — represent costs that historical carriers who provided CGL coverage during those operational years may be obligated to fund.
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.