This property served as agricultural land from at least 1936 and transitioned to nursery and landscaping operations in the 1970s, continuing until 1991. Three single-wall steel underground storage tanks holding between 500 and 4,000 gallons of unleaded gasoline and diesel were operated on site and decommissioned in 1988. Investigations under the Voluntary Cleanup Program have confirmed halogenated solvents in groundwater and air, along with petroleum hydrocarbons in groundwater. Cleanup work 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.
Agricultural and nursery operations at this property spanned from at least 1936 through 1991, with underground storage tanks for gasoline and diesel in use well before 1986 — the year occurrence-based CGL policies stopped reliably covering pollution claims. The contamination now documented in groundwater and air is directly tied to those decades of pre-1986 operations. Historical carriers who issued CGL policies during that window may be obligated both to recover remediation costs already incurred and to fund the cleanup 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.