The Evergreen State College, established by the Washington State Legislature in 1967 and opened in 1971, maintained campus infrastructure including a petroleum underground storage tank at its Overhulse Road facilities services complex. The UST was decommissioned in 2014, with a report by 3 Kings Environmental confirming a release of petroleum into groundwater beneath the property. Early Notice Letters issued in July and November 2014 documented the contamination, and cleanup under the Standard Cleanup program is underway. 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 college's 1971 opening places its campus infrastructure — including the petroleum UST at this facilities site — squarely within the era of occurrence-based Commercial General Liability policies that carried no effective pollution exclusion. The petroleum-diesel contamination confirmed in groundwater originated from a tank very likely part of the original campus build-out, more than a decade before 1986. Remediation costs already incurred and those still ahead — tank decommissioning, groundwater investigation, and ongoing cleanup — represent expenditures the historical carriers may be obligated to cover.
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.