This property has a documented history as a industrial and manufacturing facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
Morgan Trucking Inc. operated an interstate trucking warehouse at this industrial-area property, maintaining a private fueling station with underground fuel tanks to service its own fleet. A 1992 Ecology inspection documented stained soil and asphalt around the fuel pump, open containers of used oil filters, and improperly stored oily rags — the result of poor waste management and poor waste storage during operations. Initial cleanup in December 1992 consisted of removing and properly disposing of chemical containers, oily debris, and oily rags, and the site remains awaiting further remediation. 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 underground fuel tanks Morgan Trucking maintained at its private fueling station were, by the available evidence, installed and in operation well before 1986 — the 1992 inspection record and standard tank lifecycle analysis together point to installation in the late 1960s. CGL policies issued to Morgan Trucking during that pre-1986 period were occurrence-based and would have attached to the petroleum releases originating from those specific tanks. The investigation and remediation costs the property owner now faces could plausibly be funded by historical carriers whose policies were in effect when Morgan Trucking's fueling operations first produced the contamination documented here.
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.
