The Snohomish County Courthouse property at 1810 Wall St in Everett housed underground storage tanks that have since been excavated, with contamination persisting in the former excavation areas. The site is enrolled in Ecology's Standard Cleanup program, and further investigation and active remediation are still required to address residual contamination beneath the property. 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 tanks at this courthouse were in service during an era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The contamination that remains in the former UST excavation areas traces back to those pre-1986 operations, and the remediation costs the county faces — both the work already performed and the investigation and cleanup still ahead — represent expenditures that historical CGL carriers may be obligated to fund.
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.