The Auburn Municipal Airport has operated at this location since at least 1971, when two 8,000-gallon underground storage tanks were installed to store aviation fuel for aircraft fueling operations. The USTs remained in service until 1998 and have since been excavated and removed along with contaminated soil and a cement pad. Existing asphalt pavement now serves as an engineering control, isolating shallow groundwater from surface contact. Cleanup 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.
Aviation fuel storage and dispensing at this airport began fifteen years before 1986, during the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The contamination addressed here — petroleum releases from underground storage tanks operated continuously from 1971 through 1998 — is precisely the kind of long-duration, operations-linked release those pre-1986 policies were written to cover. Documented remediation expenditures to date, and any further cleanup costs still ahead, represent obligations the historical carriers who insured the airport during that window may be required both to reimburse 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.