This City of Bothell right-of-way property was the site of a former underground storage tank operation consistent with municipal fueling or maintenance use. Excavation of the former UST revealed soil and groundwater contamination exceeding Washington State regulatory standards, with contamination remaining both within the excavation area and extending off-site. Cleanup is underway through the state's 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 underground storage tank at this site is described as a historical installation predating modern UST regulations, placing its operational period within the era when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. The documented soil and groundwater contamination — originating from that former UST and now requiring remediation both on-site and off-site — represents the type of long-tail environmental liability that pre-1986 CGL carriers may still 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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.