This property operated as a Cenex bulk plant in Satsop, storing and distributing petroleum products through five underground storage tanks with a combined capacity of 65,000 gallons — regular and unleaded gasoline, diesel, and stove oil or kerosene. In 1994, all five USTs were removed along with 1,000 cubic yards of petroleum-contaminated soil from the loading rack area, which was thermally treated. Extensive groundwater and soil monitoring followed from 1994 through 1996, and a supplemental subsurface investigation was proposed in 1995 to further delineate remaining contamination. 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 bulk plant originated from large-scale fuel storage infrastructure that was in place well before 1986, when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion in Washington. The documented remediation expenditures — tank removal, excavation and thermal treatment of 1,000 cubic yards of contaminated soil, years of groundwater monitoring, and further subsurface investigation — represent cleanup costs tied directly to those pre-1986 operations. Because cleanup work at the site remains ongoing, historical carriers who issued CGL policies during the bulk plant's operating years may be obligated both to recover past remediation costs and to fund the work still 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.