This property served as the Hay Bus Garage, a fleet maintenance and fueling facility operated by the Hay–Lacrosse School District. A 500-gallon gasoline underground storage tank and associated piping were removed from the site in July 1989, with contaminated soil encountered during excavation. Environmental assessment activities — including soil and groundwater investigation and management of investigation-derived waste — have spanned from 1989 through 2017, and cleanup work remains ongoing. 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.
The petroleum contamination at this site is tied directly to a gasoline UST that was in service well before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Nearly three decades of documented assessment and remediation activity — tank removal, contaminated soil management, and ongoing soil and groundwater investigation — represent expenditures that historical carriers who covered the school district's operations during the pre-1986 period may be obligated both to reimburse and to fund through completion of cleanup.
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.