This residential property at 4110 E Evergreen Blvd in Vancouver housed a 675-gallon bare steel heating oil underground storage tank with no corrosion protection — a construction type characteristic of pre-1986 installations in the Pacific Northwest. In July 2016, the tank was decommissioned and removed along with approximately 16 tons of petroleum-contaminated soil. Despite those removal efforts, significant contamination remains: total petroleum hydrocarbons were measured at concentrations up to 17,000 mg/kg in soil, petroleum-diesel is suspected in groundwater, and vapor intrusion has been identified as a likely concern. The site is classified as Cleanup Started, with further evaluation and remediation 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.
The petroleum contamination at this property stems from a bare steel underground storage tank consistent with pre-1986 installation practices in the region. Occurrence-based Commercial General Liability policies issued during the tank's early decades of operation carried no effective pollution exclusion in Washington and remain potentially accessible for the documented remediation costs — tank removal, soil excavation, and the additional investigation and cleanup work still required to address residual contamination in soil, groundwater, and vapor pathways. As cleanup continues, both past expenditures and future remediation costs may be recoverable from historical carriers whose policies were in force when the heating oil release first occurred.
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.