The southeastern portion of this property was first developed in 1927 as a cracker factory, with the northwestern portion of the commercial building completed by 1937. The site included multiple underground storage tanks — among them 3,000- and 4,000-gallon USTs — and an adjacent oil warehouse that operated from at least 1936 through 1990 with up to nine 12,000-gallon USTs. On-site USTs were removed in 1989 and 1999. A Phase II Subsurface Investigation in 2014 confirmed petroleum contamination in groundwater, and the property entered the Voluntary Cleanup Program; cleanup work is ongoing. 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.
Petroleum storage and distribution operations at this property date to at least 1927 — nearly six decades before occurrence-based CGL policies began excluding pollution claims after 1986. Groundwater beneath the site is contaminated with petroleum hydrocarbons, benzene, PAHs, and naphthalene, with indoor air benzene concentrations exceeding Method B cleanup levels by more than 45 times. The remediation costs this contamination demands — investigation, cleanup design, and long-term response — represent expenditures that historical carriers who insured the property's pre-1986 operations may be obligated both to recover and to fund going forward.
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.