This property has a documented history as a public works and maintenance facility going back to 1950. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
The Retsil Veterans Home has operated on this property since the early 1900s, with a power plant built in the late 1940s that relied on Bunker C fuel oil and diesel delivered through underground pipelines and stored in above- and below-ground tanks — including a large aboveground tank in service from 1952 to the mid-1980s. Contamination from those fuel operations was discovered in late 1992, prompting cleanup activities that included removal of four underground storage tanks (one 2,000-gallon diesel and two 7,500-gallon heating oil tanks), excavation of approximately 1,370 cubic yards of petroleum-impacted soil from the pipeline and Power Plant areas, and capping of remaining contaminated zones. A restrictive covenant was recorded on the property, and the estimated cleanup cost ranged from $350,000 to $580,000. 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.
Fuel storage and distribution infrastructure at this facility predates 1986 by decades — the aboveground storage tank alone operated from 1952, and underground pipelines carried Bunker C oil as early as the late 1940s. Occurrence-based CGL policies in force during those decades of fuel handling had no effective pollution exclusion under Washington law, and the documented remediation expenditures — tank removals, large-scale soil excavation, capping, long-term monitoring — represent costs that historical carriers may be obligated to both reimburse and continue funding as cleanup work proceeds.
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.
