The Winlock School District has used this facility at King Road for fueling and storing school buses since at least the early 1960s. Three underground storage tanks were documented on the property: an unregistered single-wall steel tank installed around 1961 that stored leaded gasoline before being permanently abandoned circa 1975, and two registered 1,000-gallon single-wall steel tanks installed around 1984. A diesel release from the facility produced free-phase product (LNAPL) flowing into excavation at approximately five feet below ground surface, with contamination seeping into nearby Olequa Creek and rainbow sheen observed emanating from streambed sediments on multiple occasions. The site sits within a ten-year time-of-travel wellhead protection zone, and cleanup is underway through the Voluntary Cleanup Program. 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.
Underground storage tanks at this facility were installed as early as 1961 and operated through the mid-1980s — squarely within the era when occurrence-based Commercial General Liability policies covered pollution events without effective exclusion. The diesel contamination now requiring cleanup — free-phase petroleum in groundwater, migration to Olequa Creek, proximity to a wellhead protection zone — traces directly to releases from those pre-1986 fueling operations. Remediation costs already incurred and those still ahead may be recoverable from historical carriers whose CGL policies were in force during the decades these tanks were in service.
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.