This property served as Lynnwood Fire Station #1, operated by the City of Lynnwood Public Works Department, with underground fuel storage tanks installed in the early 1970s to supply fire department vehicles. The three USTs — a 10,000-gallon unleaded gasoline tank, a 5,000-gallon regular gasoline tank, and a 3,000-gallon diesel fuel tank — were removed in 1995 after a failed tank tightness test and a leaking vent pipe revealed petroleum contamination. Cleanup under the Standard Cleanup program included excavation and off-site land-tilling of approximately 1,300 cubic yards of contaminated soil between March 1995 and October 1996, along with recovery of 14,000 gallons of contaminated groundwater from the tank cavity. 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 fuel storage tanks at this fire station were installed in the early 1970s — well within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Contamination from those tanks, discovered when they failed testing in the early 1990s, represents exactly the kind of long-duration release that pre-1986 CGL policies were structured to cover. The documented remediation expenditures — tank removal, large-scale soil excavation and treatment, groundwater recovery — are costs that historical carriers who insured the city's operations during the 1970s and early 1980s may be obligated both to reimburse and to fund as cleanup continues.
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.