The Ballard Blossom Assemblage comprises multiple parcels in Seattle with buildings dating to 1900, 1906, 1930, and 1954. Heating oil underground storage tanks served the older structures for decades — two 300-gallon USTs were removed from Lot 5 in 2007, and a 675-gallon UST was decommissioned in place on Lot 2. A Phase II Environmental Site Assessment confirmed diesel-range petroleum exceeding MTCA Method A cleanup levels in multiple monitoring wells, light non-aqueous phase liquid observed at one boring, and chlorinated solvents including PCE and TCE in Lot 2 groundwater originating from an adjacent former dry cleaner. 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.
The buildings on this assemblage date to 1900 and 1906, and their heating oil infrastructure was operational for decades before 1986 — the year occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. Petroleum impacts confirmed across the property trace directly to historical releases from those long-serving heating oil tanks, as documented in AECOM's investigation. The remediation costs already incurred and those still ahead — site investigation, groundwater monitoring, and cleanup of diesel-range contamination and free-phase product — represent liabilities that historical CGL carriers who covered the property during its pre-1986 operational window may be obligated to fund.
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.