From 1931 to 1983, this Seattle property was leased by the Fletcher Oil Company and operated as a bulk fuel terminal, with at least five large petroleum aboveground storage tanks and a diesel underground storage tank on site. Aboveground tanks were removed in 1984 and the UST in 1988, with initial remediation beginning as early as 1987. Cleanup under the Voluntary Cleanup Program has since included multiple phases of soil excavation removing thousands of tons of contaminated material, groundwater extraction and treatment removing over 50,000 gallons of impacted water, multi-year groundwater monitoring from 2013 through 2024, and institutional controls currently being implemented. 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.
Petroleum contamination at this site originated from bulk fuel storage and distribution operations that ran for more than five decades before 1986, when occurrence-based Commercial General Liability policies were still standard and carried no effective pollution exclusion. The scale of remediation here — thousands of tons of excavated soil, tens of thousands of gallons of extracted groundwater, decades of monitoring, and ongoing institutional controls — reflects costs tied directly to the pre-1986 operational period of the Fletcher Oil terminal. Historical carriers who issued CGL policies to the terminal operator or property owner during that long pre-1986 window may be obligated both to fund the cleanup work already completed and to cover the remediation still under way.
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.