This property has a documented history as a property with a heating oil tank going back to 1981. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
Heating oil tanks located beneath a building on the Columbia Adventist Academy campus in Battle Ground were the subject of a formal investigation and cleanup beginning in 2009, with a waste discharge permit issued to the Academy in 1981 confirming operations well before 1986. Contamination was attributed to historical overfill and tank corrosion — including large holes found in one tank's shell — indicating long-term subsurface releases rather than a discrete spill event. Remediation included removal of both tanks, excavation of approximately 1,077 tons of petroleum-impacted soil, and pumping of 4,000 gallons of oily water. A residual 5 cubic yards of impacted soil could not be removed due to physical access limitations beneath the building, and an institutional control via a Contaminated Media Management Plan has been recommended to govern that remaining contamination. 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 petroleum releases at this site originate from heating oil tanks in operation at least as far back as 1981, predating the industry-wide shift away from occurrence-based Commercial General Liability coverage. Contamination caused by 'historical overfill and/or tank corrosion' is the precise kind of gradual, repeated release that pre-1986 CGL policies — which carried no effective pollution exclusion under Washington law — were written to cover. With a Contaminated Media Management Plan and institutional controls still to be finalized, the property faces ongoing remediation obligations; historical carriers whose policies were in effect during the tanks' operational years may be obligated to fund those remaining costs.
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.
