This property served as the Weyerhaeuser Bay City Shop, an industrial maintenance and fueling facility with underground storage tanks for gasoline, lubricating oils, and used oil, plus an above-ground diesel tank. Five underground storage tanks were removed in December 1989, and subsequent investigation revealed petroleum contamination in soil and groundwater. Cleanup under the Standard Cleanup program has included excavation of approximately 2,000 cubic yards of contaminated soil, recovery of 3,516 gallons of contaminated groundwater, and capping the property with pavement and buildings as a containment measure. Groundwater monitoring has been ongoing since 1994. 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 industrial shop were installed by at least the mid-1960s, placing the origin of contamination squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Decades of petroleum product storage and handling produced the gasoline, diesel, and BTEX contamination now documented in soil and groundwater beneath the property. The remediation costs already incurred — tank removals, large-scale soil excavation, groundwater treatment, long-term monitoring, and site capping — along with any future monitoring obligations, represent expenditures that historical carriers who covered the facility during its pre-1986 operations 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.