This property operated as the Little Falls General Store with underground storage tanks dispensing petroleum products in Vader, Lewis County. In April 1994, a confirmed release of petroleum from the UST system was reported to the Department of Ecology, and the site was added to the Confirmed or Suspected Contaminated Sites List as an active Leaking Underground Storage Tank site. The former tanks have since been removed, and site characterization work is ongoing after more than two decades on the contaminated sites list. 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 release at this property originated from underground storage tanks that were installed and operating well before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. With cleanup started but the site still undergoing characterization and facing further remediation, the property owner confronts both past investigation costs and future cleanup expenditures tied directly to those pre-1986 tank operations. Historical carriers who issued CGL policies during the period those tanks were in service may be obligated to recover costs already incurred and to fund the remediation 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.