This property has a history of equipment repair operations dating to approximately 1967, with multiple underground fuel storage tanks supporting on-site fueling. Environmental investigations have identified gasoline- and diesel-range petroleum hydrocarbons in soil, groundwater, and surface water, along with metals priority pollutants, and documented oily waste migration to adjacent stormwater ditches and a wetland. A 2012 Voluntary Cleanup Program Further Action Letter from Ecology confirmed the contamination and required additional groundwater investigation; 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.
Fueling and equipment repair operations at this property began approximately 1967 — nearly two decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The petroleum hydrocarbon contamination in soil, groundwater, and surface water, along with metals and oily waste reaching a nearby wetland, traces to those decades of pre-1986 operations. Historical carriers whose CGL policies covered this facility during that window may be obligated to recover past remediation costs and to fund the additional investigation and cleanup still required.
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.