This property served as a service yard and warehouse for Puget Sound Power & Light Company from 1961 to 2013, with fueling operations supporting the utility's fleet and equipment throughout that period. Petroleum hydrocarbon contamination was reported at the site in the mid-1990s and has been characterized as historical in nature, consistent with decades of bulk fuel storage and dispensing. Prior remediation activities have been conducted, and the site remains under active cleanup oversight through 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.
Bulk fueling operations at this property began in 1961 — twenty-five years before occurrence-based Commercial General Liability policies stopped reliably covering pollution claims in 1986. The petroleum contamination documented here is the product of long-term industrial fueling activity conducted squarely within that pre-1986 policy window. Historical carriers who issued CGL policies to the site's operators during those decades may be obligated to reimburse past remediation expenditures and to fund the cleanup work that remains 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.