This property served as the Lewis County Public Works Department's Toledo Shop #5, a municipal maintenance facility with underground storage tanks holding gasoline and diesel fuel. Four USTs were removed in 1994, with cleanup activities spanning through at least 2012 and including excavation of 1,000 cubic yards of contaminated soil, pumping of 150,000 gallons of affected water, and land farming of 1,500 cubic yards of soil. Groundwater monitoring wells were installed and sampled over multiple quarters as part of the Standard Cleanup program. Lead contamination — consistent with leaded gasoline from the facility's earlier decades of operation — was also identified at the site. 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 around 1969 and dispensed fuel for county operations for decades before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The presence of lead contamination confirms releases dating to the era of leaded gasoline, tying the environmental damage squarely to that pre-1986 policy window. Nearly two decades of documented remediation costs — tank removals, large-scale soil excavation, water removal, land farming, and long-term groundwater monitoring — represent expenditures that historical carriers 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.