This property served as a Washington State Department of Transportation maintenance facility, with underground storage tanks and a fuel distribution system supporting fleet operations estimated to date back to approximately 1968. Three USTs and roughly 1,000 cubic yards of petroleum-contaminated soil were removed in 1993–1994, with portions of the excavated soil bioremediated and others initially reused as backfill. Site assessment work resumed in 2024 with additional borings, investigation-derived waste disposal, and findings indicating that further contamination delineation and ongoing groundwater monitoring are still required. 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 facility traces to fuel storage and distribution infrastructure installed and operated decades before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The remediation record already spans three decades — tank removals, large-scale soil excavation, bioremediation — and the 2024 assessment confirms that additional delineation and monitoring costs lie ahead. Historical carriers whose CGL policies were in force during the pre-1986 operational window may be obligated both to recover past cleanup expenditures and to fund the remediation work still to come.
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.