This property served as the Washington State Department of Transportation's Enumclaw Maintenance Facility, with underground storage tanks for gasoline, diesel, and bunker C heating oil supporting fleet and facility operations. In 1995, three USTs were removed from the site, and approximately 400 tons of petroleum-contaminated soil were excavated and disposed of off-site. Confirmation and stockpile sampling followed the removal, and cleanup work remains 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.
The petroleum contamination at this facility originated from underground storage tanks estimated to have been installed around 1970 — well before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion. Documented remediation costs including tank removal, overexcavation, off-site soil disposal, and confirmatory sampling represent expenditures tied directly to those pre-1986 operations. Historical carriers who covered the facility during that window may be obligated both to recover past cleanup costs and to fund any remaining remediation work.
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.