This property has a documented history as a bulk fuel distribution terminal going back to 1970. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property operated as Lloyd's Logging Equipment Yard, maintaining three large underground storage tanks — a 12,000-gallon gasoline UST, a 10,000-gallon diesel UST, and a 2,000-gallon waste oil UST — installed in the early 1970s to fuel its trucks and heavy equipment fleet. Cleanup activities under the Standard Cleanup program spanned from 1992 to 1999 and included removal of all three USTs along with associated product lines and pump islands, excavation of approximately 300 cubic yards of diesel-contaminated soil, waste pile removal, and construction of earthen berms for runoff control. Lead contamination identified around the gasoline UST confirms the historical use of leaded fuel at the site. 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 and lead contamination at this property traces directly to bulk fuel storage operations that began in the early 1970s — more than a decade before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. Seven years of documented remediation expenditures — tank removals, extensive soil excavation, waste disposal, and site-control measures — were incurred to address releases from those pre-1986 UST operations. Historical carriers who issued CGL policies during the 1970s and early 1980s may be obligated both to recover those past cleanup costs and to fund any remaining remediation work.
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
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.