This property has a documented history as a public works and maintenance facility going back to 1982. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
The City of Pullman Public Works Department operated underground storage tanks at its municipal maintenance facility at 825 NW Guy Street, with three fuel tanks and dispensers installed in 1982 and 1984 north of the city's Maintenance Operations Building. Cleanup under the Voluntary Cleanup Program included removal of all three USTs, excavation and disposal of 12 cubic yards of contaminated soil, and pumping and disposal of residual product and sludge. Four groundwater monitoring wells have been installed and the site will undergo multi-year quarterly groundwater monitoring, with total estimated costs for the proposed remediation work and VCP fee at $24,235. Cleanup work is ongoing. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Why Historical Insurance Policies May Be Accessible
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 fuel tanks at this municipal facility were installed and in active service in 1982 and 1984 — both squarely within the window when occurrence-based CGL policies carried no effective pollution exclusion in Washington. Detection of lead in the gasoline-contaminated soil confirms the use of leaded fuel, which was phased out before 1986, further anchoring the contamination's origin to that pre-1986 operational period. Carriers who issued CGL coverage to the City of Pullman during those years may be obligated to contribute to the documented remediation costs — UST removal, soil excavation, and the multi-year groundwater monitoring program — both for expenditures already incurred and for monitoring costs yet to come.
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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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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.
