This property housed a 15,000-gallon diesel underground storage tank that supplied fuel to a boiler plant serving the King Street Train Station under Burlington Northern Railroad. The UST had been closed in place at an unknown date and was discovered during excavation in late 1993. Cleanup activities have included removal of the UST and 250 cubic yards of surrounding soil, an additional 50 cubic yards of over-excavation, disposal of 379 tons of contaminated soil, recovery of 15,000 gallons of diesel product from the tank, and treatment of 15,000 gallons of affected groundwater through dewatering and pumping. Remediation work is ongoing. 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 diesel contamination at this property stems from a bulk fuel storage tank that served railroad operations well before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The tank had been abandoned in place long before its 1993 discovery, indicating a release history rooted in decades-old operations. Documented remediation expenditures — tank removal, extensive soil excavation and disposal, product recovery, and groundwater treatment — represent costs that historical carriers who insured the operators during the pre-1986 period may be obligated 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.