This Seattle property was originally developed with residential buildings in the early 1900s, later demolished for construction of two medical office buildings in the 1950s. The medical offices were heated by oil-burning furnaces supported by two underground storage tanks with capacities of 6,000 and 7,000 gallons, and a parking garage was added in 1974. UST fill pipes were identified during a 2016 site reconnaissance, and one tank was uncovered during construction excavation. Groundwater monitoring has revealed diesel- and oil-range petroleum hydrocarbons exceeding MTCA Method A cleanup levels along with arsenic, and site investigation has also identified contamination migrating from an off-property upgradient source. 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.
Heating oil tanks at this property were installed in the 1950s to serve the medical office buildings — more than three decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The petroleum contamination now documented in groundwater beneath the site is consistent with decades of UST operations during that insured period. Remediation costs already incurred and those still ahead under the Voluntary Cleanup Program represent expenditures that historical carriers who wrote CGL policies during the 1950s-through-1985 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.