Overlake Hospital Medical Center in Bellevue operated multiple underground storage tanks holding heating oil, generator fuel, #2 diesel, and Bunker C oil, with the earliest tanks estimated to have been installed as far back as the mid-1950s and at least one documented installation in 1975. Between 1991 and 1999, several USTs were removed or decommissioned in place — some found in poor condition with several holes indicating chronic leakage — with cleanup activities including excavation and off-site disposal of 32 tons of contaminated soil, tank pumping and cleaning, and backfilling with controlled density fill. Residual contamination was still noted as late as 2013, and the site's cleanup status remains active. 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 contamination at this property traces to underground storage tanks installed and operated from the mid-1950s through the early 1980s — decades during which occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented condition of the tanks, including chronic leakage through corroded steel walls, confirms that releases began during that pre-1986 policy window. Years of remediation costs already incurred — tank closures, soil excavation, long-term monitoring — along with the ongoing cleanup obligations signaled by residual contamination, 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.