The property at 5022 Martin Luther King Jr Way S was first developed in 1945 as a residence and served that use through the mid-1980s, with a 300-gallon heating oil underground storage tank supplying the home throughout its residential tenure. Following abandonment of the UST, removal work uncovered petroleum-diesel contamination in perched groundwater at concentrations 300 times the applicable cleanup level. Contaminated groundwater was removed and disposed off-site under the Voluntary Cleanup Program, and remediation work is ongoing. 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 heating oil tank at this property was installed and operated for nearly four decades before 1986, the year occurrence-based Commercial General Liability policies ceased reliably covering pollution claims. Petroleum-diesel contamination requiring excavation, groundwater removal, and continued remediation traces directly to that pre-1986 residential heating operation. Historical carriers whose CGL policies were in effect during the tank's decades of service may be obligated to recover costs already incurred and to fund the cleanup work that remains.
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.