This Seattle property has operated as an industrial manufacturing facility, with Olympic Steel Door producing steel doors and frames on site alongside other industrial tenants including pipe cleaning, millwork storage, and metal fabrication operations. A 3,000-gallon fuel oil underground storage tank was removed from the property in 1988, and subsequent cleanup efforts included a pilot bioremediation study in mid-2000 followed by the excavation of approximately 245 tons of petroleum-impacted soil to a depth of 11 feet in September 2000. Despite these remediation efforts, groundwater contamination persisted as of 2015, and cleanup work remains ongoing under the Standard Cleanup program. 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 petroleum contamination at this property originated from an underground fuel oil tank that was installed and operated well before 1986 — the year occurrence-based Commercial General Liability policies ceased reliably covering pollution claims in Washington. Documented remediation expenditures spanning decades — tank removal, bioremediation, large-scale soil excavation, and long-term groundwater monitoring — were incurred to address releases tied directly to that pre-1986 infrastructure. Historical carriers who issued CGL policies during the tank's operational window may be obligated both to recover past cleanup costs and to fund the remediation still required to resolve the persistent groundwater contamination.
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.