The Vancouver City Operations Center is a municipal public works facility with substantial underground storage tank infrastructure, including eight active USTs. A 275-gallon underground storage tank serving a backup diesel generator was removed in 1998, with soil remediation conducted at that time. The site is enrolled in Washington Ecology's Standard Cleanup program with an Awaiting Cleanup status; groundwater contamination — including PAHs, benzene, and petroleum hydrocarbons — is suspected but has not yet been sampled, and installation of monitoring wells has been recommended. 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 underground storage tank infrastructure at this municipal facility has roots that likely extend well before 1986 — the UST removed in 1998 is consistent with a 1970s-era installation, predating the shift away from occurrence-based Commercial General Liability policies. With cleanup still ahead — site investigation, monitoring well installation, and potential remediation of petroleum and PAH contamination in groundwater — the costs this facility faces are largely prospective. Historical CGL policies in effect when this fueling infrastructure was first installed and operated may provide a funding mechanism for those anticipated cleanup expenditures.
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.