Fife High School was constructed on this property in 1925 and has been operated by Fife School District #417 continuously since then. In August 2022, construction equipment damaged a pad-mounted electrical transformer on the property, causing a mineral oil release into surrounding soil and groundwater. The site entered the Voluntary Cleanup Program, and a Remedial Investigation/Feasibility Study was completed in March 2024. Four quarters of groundwater monitoring have been conducted as part of the remedial action, and cleanup 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.
Fife School District #417 has operated this property continuously since 1925 — more than six decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard. Policies issued to the district during that pre-1986 window carried no effective pollution exclusion under Washington law and remain enforceable today. The cleanup costs now being incurred at this site — site investigation, groundwater monitoring, and remediation of the mineral oil release — represent expenditures that those historical carriers may be obligated both to recover and to fund going forward.
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.