This property has a documented history as a public works and maintenance facility going back to 1940. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
Two undocumented underground storage tanks — a 1,000-gallon gasoline tank and a 500-gallon diesel tank — were discovered at this City of Puyallup right-of-way during a 2010 sewer line replacement project. The tanks are suspected to have served a former transit company that operated at or adjacent to the property in the early 1940s; no installation or decommissioning records exist for either tank. Soil contamination exceeding MTCA Method A cleanup levels was identified at the base of the excavation, with suspected impact to groundwater from petroleum and non-halogenated solvents. Cleanup is underway under the Standard 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 underground storage tanks at this site are suspected to date to the early 1940s — more than four decades before 1986, when occurrence-based Commercial General Liability policies still provided broad pollution coverage. Petroleum and solvent contamination from these undocumented tanks represents the type of long-duration subsurface release that pre-1986 CGL policies were written to cover. With remediation costs now being incurred and further cleanup ahead, historical carriers who insured operations at this property during that pre-1986 window may be obligated to recover past expenditures and fund the work still to come.
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.