This property served as a bulk petroleum storage and distribution facility from 1920 until 1985, operated by Fletcher Oil Company under a lease from Burlington Northern. In 1985 the site transitioned to asphalt storage, manufacturing, and distribution — a use that continues today under PRI Northwest Inc. Subsurface investigations beginning in 1990 identified petroleum contamination linked to the decades of bulk fuel operations, with additional investigations in 1991 and 1998 documenting lead, benzene, halogenated organics, and diesel-range petroleum in groundwater. The site entered the Voluntary Cleanup Program, and remediation is underway. 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.
Bulk fuel terminal operations at this site spanned more than six decades before 1986, the year occurrence-based Commercial General Liability policies stopped reliably covering pollution claims in Washington. The petroleum and metals contamination now being remediated under the Voluntary Cleanup Program traces directly to those pre-1986 operations and surficial spills first documented in 1990. Historical carriers who provided CGL coverage during that operational window may be obligated both to recover the remediation costs already incurred and to fund the cleanup work that remains ahead.
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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.