This property has a documented history as a bulk fuel distribution terminal predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property operated as a bulk fuel storage and distribution facility, with Ecology records documenting five tanks — a kerosene UST, two fuel-oil USTs, a 10,000-to-12,000-gallon gasoline UST, a 10,000-to-12,000-gallon diesel UST, and a 12,000-gallon diesel AST — collectively representing tens of thousands of gallons of storage capacity across four fuel types. Stored products included leaded gasoline, and the tanks were last used in 1985. In 1995, the 12,000-gallon diesel AST, the 12,000-gallon diesel UST, and the 10,000-gallon gasoline USTs were removed. Current remediation efforts are focused on planning an interim remedial action to manage contaminated soil and groundwater in connection with the demolition and construction of a new City Hall on the property. 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 contamination at this site is explicitly attributed to the historic USTs and ASTs rather than any recent accident, and those tanks last held fuel in 1985 — including leaded gasoline, a definitive pre-1986 marker. Occurrence-based CGL policies in effect during the facility's operating years carried no effective pollution exclusion in Washington, leaving historical carriers potentially obligated both to recover the tank-removal and excavation costs already incurred and to fund the interim remedial action now in planning. The scale of this bulk storage operation, spanning five tanks across four fuel types, suggests a remediation cost trail substantial enough to make pursuing those historical policies worthwhile.
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.
