The McChord Pipeline, operated by U.S. Oil & Refining Co., delivers jet fuel from USOR's Tacoma refinery to Joint Base Lewis-McChord. In August 2017, a third-party contractor punctured the pipeline, triggering an initial investigation that confirmed benzene, non-halogenated solvents, and petroleum hydrocarbons in groundwater at the site. The site entered the Voluntary Cleanup Program in 2018, and a remedial investigation and feasibility study was completed by July 2020 following multiple groundwater sampling events. The site has since received a No Further Action determination. 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.
U.S. Oil & Refining Co. has operated its Tacoma refinery since the 1950s and used the McChord Pipeline to deliver jet fuel to what is now Joint Base Lewis-McChord — a military installation active since 1938. CGL policies in force while USOR ran that refinery-to-base fuel corridor would have insured the pipeline's petroleum-transfer operations without an effective pollution exclusion, covering exactly the type of groundwater contamination — benzene and petroleum hydrocarbons — confirmed at this location. The documented remediation costs, from initial response through the investigation and cleanup work that secured a No Further Action determination, are expenditures those historical carriers may be obligated to cover.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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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.