This Spokane property hosted a retail fueling station and wholesale fuel distribution facility from approximately 1938 to 1983, and also served as the location of a former dry cleaning operation that used tetrachloroethylene (PCE) and trichloroethene (TCE). Cleanup under the Voluntary Cleanup Program included two remedial excavations in May 2017 that removed over 1.3 million pounds of contaminated soil — including 540.57 tons disposed as F002-listed hazardous waste — followed by a Soil Vapor Extraction system that operated from May 2017 through October 2019 and recovered an estimated 8.2 pounds of PCE and 1.4 pounds of TCE. In April 2020, the SVE system was converted to a passive subslab depressurization system for long-term vapor intrusion mitigation, and the site remains in active monitoring under a completed-cleanup designation. 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.
Every documented source of contamination at this property — petroleum fueling and distribution operations spanning 1938 to 1983, and a dry cleaning facility that released PCE and TCE into soil and groundwater — predates 1986, the year CGL policies began incorporating effective pollution exclusions. Occurrence-based policies issued to operators across those decades were written to cover exactly this type of gradual, undisclosed release. The remediation record here — excavation of federally listed hazardous waste, years of active vapor extraction, and ongoing subslab depressurization — represents the kind of documented cost trail that historical carriers may be obligated to fund.
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.