This property operates as the Washington State Capitol Campus steam plant, serving as the campus's primary power source. The site contained diesel and Bunker C underground storage tanks; the Bunker C UST was decommissioned by closure in place prior to 1992, when petroleum contamination was discovered. In 1992, approximately 215 cubic yards of petroleum-contaminated soil were excavated and removed, and a petroleum sheen on groundwater was recovered using absorbent pads. Soil contamination persists at the site, and assessment and monitoring activities have continued over multiple years. 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.
Petroleum contamination at this property originated from underground storage tanks that were installed and operated well before 1986 — the Bunker C UST was already being decommissioned by closure in place before the 1992 discovery, pointing to decades of prior operation. Occurrence-based CGL policies issued during that pre-1986 window carried no effective pollution exclusion in Washington and remain enforceable today. With cleanup started but soil contamination still persisting, the historical carriers who covered this facility may be obligated both to reimburse past remediation expenditures and to fund the ongoing assessment and monitoring work ahead.
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.