This property was occupied by the U.S. Navy and Washington State National Guard from 1943 through the 1960s, with operations centered on vehicle maintenance, fueling, and storage — including armory facilities that housed an Army tank. Cleanup activities from 1991 to 1994 included removal of multiple underground storage tanks, excavation and off-site disposal of approximately 2,300 cubic yards of petroleum-contaminated soil, on-site bioremediation and capping of 815 cubic yards of less contaminated soil, groundwater dewatering and discharge, and product removal from a UST. Cleanup work is 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.
Petroleum contamination at this site originated from vehicle maintenance and fueling operations conducted by federal and state military tenants beginning in 1943 — more than four decades before 1986, when occurrence-based CGL policies still carried no effective pollution exclusion. The documented remediation costs already incurred — tank removals, large-scale soil excavation, bioremediation, groundwater management — and the costs still ahead represent expenditures that historical carriers who issued policies during those decades of military operations 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.