This property operated as the Cenex Ag Inc grain elevator and bulk fuel storage facility, with seven underground storage tanks holding gasoline, diesel, and heavy oil — a scale consistent with agricultural cooperative fuel distribution. Cleanup under the Standard Cleanup program has included removal of all seven USTs in 1991, excavation of approximately 1,300 cubic yards of contaminated soil in 1992, and installation of four groundwater monitoring wells in 1994. The site remains under regulatory review as of 2025, indicating ongoing cleanup obligations. 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 seven underground storage tanks removed from this property in 1991 were likely installed around 1966, placing Cenex's bulk fuel operations squarely within the era when occurrence-based CGL policies were standard and carried no effective pollution exclusion under Washington law. Decades of gasoline, diesel, and heavy oil storage at this single facility produced contamination requiring 1,300 cubic yards of soil removal, well installation, and more than thirty years of regulatory oversight — costs that trace directly to releases from those pre-1986 tanks. Historical carriers who covered Cenex's bulk plant operations during the years those tanks were in service may still be obligated to fund both past and continuing remediation expenditures.
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.