The Rainier School in Buckley is a state-operated facility run by the Washington Department of Social and Health Services, functioning as a fully self-sufficient campus with its own motor pool operations and emergency power generation. Underground storage tanks — including a 10,000-gallon gasoline tank for motor pool fueling, a 6,000-gallon diesel tank for emergency generators, and two smaller diesel tanks — were removed between 1993 and 1997, along with approximately 300 cubic yards of contaminated soil. Remediation also included groundwater pumping, disposal of residual petroleum product and sludge, and surface sheen recovery. 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 underground storage tanks at this facility were installed in the late 1960s and early 1970s based on their decommissioning dates and standard tank lifecycles, placing their entire operational history squarely within the pre-1986 occurrence-based CGL policy era. Petroleum releases from these aging tanks — confirmed by diesel odor, sheen, and soil contamination documented during removal — represent exactly the kind of gradual, operations-linked pollution that pre-1986 policies covered without an effective pollution exclusion. The documented cleanup expenditures — tank removals, soil excavation, groundwater treatment, and hazardous waste disposal — are costs that historical carriers on risk during those decades of tank operation may be obligated to fund.
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.