This property operated as a petroleum bulk plant with an operational history spanning approximately ninety years, dating to around 1933. Underground storage infrastructure at the facility included two aviation fuel USTs installed in 1964 and a 6,000-gallon unleaded gasoline UST installed in 1978. Groundwater contamination has been confirmed above cleanup levels for gasoline, diesel, benzene, toluene, and oil-range hydrocarbons — the result of decades of bulk petroleum handling as well as a more recent diesel release in April 2022. The site has entered Washington's Voluntary Cleanup Program and remediation is underway. 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.
Bulk petroleum operations at this Pullman facility began more than five decades before 1986, when occurrence-based Commercial General Liability policies ceased reliably covering pollution claims. The underground storage tanks installed in 1964 and 1978 stored aviation fuel and gasoline throughout the very years those CGL policies were in force and carried no effective pollution exclusion. With groundwater now confirmed above cleanup levels for multiple petroleum constituents and remediation costs accumulating under the Voluntary Cleanup Program, historical carriers who insured this bulk plant during its pre-1986 operational window may be obligated both to reimburse past cleanup expenditures and to fund the work still ahead.
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.