This property served as a fueling facility for the Meridian School District, with gas and diesel underground storage tanks estimated to have been installed around 1973. Two USTs were removed from excavations in 1998 and two others were closed in place; contaminated soil from the excavations was left on-site for later processing. Ecology issued a follow-up letter in 2003 regarding the cleanup, and the site remains in an awaiting-cleanup status with no active remediation commenced. 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 property were installed circa 1973, placing the origin of fueling operations — and the onset of potential petroleum releases — squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The contaminated soil documented during the 1998 UST removals has remained on-site for more than two decades, and the cleanup costs the district now faces — soil remediation, further investigation, and any required monitoring — may be recoverable under historical CGL policies that were in force when those tanks first went into service.
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.