This property has served as a Pierce County road maintenance facility — the West Maintenance Facility — since approximately 1968, when the first underground storage tanks were installed: a 1,000-gallon gasoline UST and a 2,000-gallon diesel UST. A third 2,000-gallon diesel tank was added circa 1987. Tank removals and a site assessment in 1998 revealed diesel-range petroleum hydrocarbon contamination in groundwater exceeding MTCA Method A cleanup levels at multiple monitoring wells. Groundwater monitoring under the Voluntary Cleanup Program continued from 1999 through 2021, and 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.
Petroleum contamination at this county facility originated from underground storage tanks installed around 1968 — nearly two decades before the 1986 shift away from occurrence-based Commercial General Liability coverage. The diesel-range hydrocarbon releases that required over two decades of groundwater monitoring are the type of long-duration contamination event that pre-1986 CGL policies were structured to cover. Historical carriers who provided liability coverage for Pierce County's operations during the 1968–1986 window may still hold obligations to recover the investigation and monitoring costs incurred at this site.
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.