The Pease & Sons facility in Tacoma operated an office warehouse with private underground storage tanks for gasoline and diesel fuel, used for company fleet or industrial equipment. A prior UST excavation addressed the primary release, but 60 to 80 cubic yards of petroleum-impacted soil remain in the former excavation area. Groundwater monitoring conducted from 1993 to 1996 documented total lead and TPH-diesel contamination at the site. Future remediation options under evaluation include additional soil excavation, periodic soil monitoring, and bioaugmentation. 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 detection of total lead in site groundwater — a byproduct of leaded gasoline that was largely phased out before 1986 — ties the original UST operations directly to the era when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion in Washington. Contamination from those historical fuel storage operations, documented in both soil and groundwater, creates a plausible basis for accessing the historical carriers who insured Pease & Sons during that pre-1986 window. The remaining remediation work — further excavation, monitoring, and potential bioaugmentation — represents expenditures those 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.
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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.