This property has a documented history as a property with a heating oil tank predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
Glacier Middle School in Buckley, Pierce County was served by two underground storage tanks — a 500-gallon and a 10,000-gallon unit — both associated with the school's boiler room and used to store heating oil. During excavation of the known 500-gallon UST on February 16, 2018, the larger 10,000-gallon single-walled steel tank was discovered. Cleanup activities included removal of both tanks, excavation of 181.93 tons of petroleum-contaminated soil and concrete ballasts, and disposal of 23,800 gallons of excavation water, with further soil excavation planned for later in 2018. 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 heating oil contamination at this school originated from a large single-walled steel underground storage tank — a design characteristic of pre-1986 installation, before federal UST regulations required corrosion protection for new tanks. Occurrence-based CGL policies issued to the school district or its operators during that pre-1986 operational window contained no effective pollution exclusion and remain enforceable today. The site's documented remediation costs — dual tank removals, soil excavation, water disposal, and continuing cleanup work — represent expenditures that historical carriers may be obligated both to recover and to fund going forward.
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.
