This property operated gasoline and diesel underground storage tanks installed between 1962 and 1965, with the tanks last used in 1973. When the two 1,000-gallon USTs were removed in 1990, diesel contamination was discovered in surrounding soils, prompting excavation and stockpiling of impacted material for treatment. A 2000 review found residual impacts still requiring further action, and cleanup remains ongoing under Ecology'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 petroleum contamination at this site originated from underground storage tanks installed and operated entirely within the pre-1986 window when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. With tanks installed as early as 1962 and a release confirmed upon their removal decades later, the documented remediation expenditures — tank removal, soil excavation, treatment, and continued oversight — represent costs that historical carriers who issued CGL policies during that operational period may be obligated both to recover 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.