This industrial property was used by Pacific Testing Laboratories (PTL), an environmental and geotechnical consulting firm, during the 1980s and 1990s for storage of drilling supplies, oil drums, truck-mounted drill rigs, and service vehicles, as well as chemical testing activities involving solvents and other hazardous substances. A 1,000-gallon underground gasoline storage tank was documented in a 1989 site assessment and removed in April 1996, with gasoline-contaminated soil excavated and disposed of at a regional transfer station. The site is enrolled in Washington's Voluntary Cleanup Program with cleanup still pending. 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 underground storage tank at this property was in active service during the 1980s, and PTL's solvent-based chemical testing operations likewise occurred during the pre-1986 period when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. Contamination here — attributed to tank overfill and historical chemical testing — is precisely the kind of gradual, industrial-era release those policies were written to cover. With remediation costs ahead under the Voluntary Cleanup Program, historical carriers whose CGL policies were in effect during PTL's pre-1986 operations may be obligated to fund the cleanup that has yet to begin.
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.