This property served as a maintenance equipment and material storage yard for public utilities, with a 500-gallon gasoline underground storage tank last used by the Washington State Department of Transportation in 1972 before the property was sold to the City of Cosmopolis that same year. Cleanup under the Standard Cleanup program included removal of the UST in January 1999, two phases of contaminated soil excavation totaling approximately 20 cubic yards with off-site thermal desorption treatment, installation of four groundwater monitoring wells, and quarterly groundwater sampling through September 2000. Cleanup work is ongoing. 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 site originated from a leaking underground storage tank that was in active use no later than 1972 — more than a decade before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The documented remediation expenditures — tank removal, two rounds of soil excavation, thermal treatment, monitoring well installation, and a year of quarterly groundwater sampling — represent costs tied directly to that pre-1986 release. Historical carriers who issued CGL policies covering this property during the tank's operational period may still be obligated to recover those cleanup costs and to fund any remediation 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.