This property was sold to King County in the 1940s and served as a county maintenance facility — supporting fueling, equipment maintenance, woodworking, and other public works operations — through the mid-1980s. Contamination linked to those historical operations prompted cleanup under the Voluntary Cleanup Program, including removal of underground storage tanks (one of which stored leaded gasoline), excavation of 300 to 323 tons of contaminated soil in 1997, and subsurface investigations and stormwater management efforts dating to 1998. Groundwater monitoring and collection, along with further excavation, remain planned or in progress. 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.
King County's fueling and maintenance operations at this site ran continuously from the 1940s through the mid-1980s — decades during which occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The contamination confirmed in soil and groundwater traces directly to those pre-1986 operations and their underground storage tanks. Documented remediation costs already incurred — tank removals, large-scale soil excavation, years of investigation and monitoring — along with the groundwater treatment and additional excavation still ahead, represent expenditures that historical carriers 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.