This property has a documented history as a bulk fuel distribution terminal going back to 1978. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property has operated as a bulk fuel distribution facility since December 1978, with a 20,000-gallon diesel underground storage tank and associated dispensers serving tractor-trailer truck traffic for Trans-Systems, Inc. A diesel release from the product line and dispenser system prompted cleanup that included UST removal, excavation of approximately 200 tons of contaminated soil, pumping of 580 tons of contaminated groundwater offsite, and removal of residual product and diesel sludge. The project spanned two years, and additional cleanup remains required under the Ecology Voluntary Cleanup Program. 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 diesel contamination at this site originated from underground storage infrastructure that was in active operation from December 1978 — nearly a decade before occurrence-based CGL policies began incorporating effective pollution exclusions in Washington. Carriers who issued policies to Trans-Systems, Inc. or the property operators during that pre-1986 window may face liability both for the documented remediation expenditures already incurred — soil excavation, groundwater treatment, sludge removal — and for the additional cleanup costs still required under the Voluntary Cleanup Program.
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.