This Seattle property has a commercial history extending to the 1890s, beginning with lumber storage and progressing through blacksmith and wagon shops from 1905, warehouse operations, and a used car dealership in the 1960s and 1970s. A 1,500-gallon heating oil underground storage tank serving the 1919 building's oil-fired boiler was removed in 1989, and two additional bunker fuel oil USTs of approximately 1,200 and 2,200 gallons were discovered during excavation in 2020. Site investigations have identified polycyclic aromatic hydrocarbons, benzene, and diesel- and gasoline-range petroleum hydrocarbons in groundwater. Cleanup is underway under a Consent Decree through the Standard Cleanup program. 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 at this property — heating oil for the 1919 building, bunker fuel oil for building mechanical systems, and operations spanning a used car dealership era beginning in 1962 — was well established decades before 1986. The PAHs, benzene, and petroleum hydrocarbons now detected in groundwater trace to those long-standing operations and their underground storage infrastructure. Occurrence-based CGL policies issued to the property's operators during that pre-1986 window may carry obligations both to recover remediation costs already incurred and to fund the cleanup work still ahead under the active Consent Decree.
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.