Three abandoned underground storage tanks were discovered in the SR 202 right-of-way during a 2004 WSDOT road widening project near Sahalee Way in Redmond, indicating a former commercial fueling operation at the site. In a separate 2006 incident, petroleum contamination identified as transformer oil or hydraulic fluid was found during bridge pier drilling at the nearby Bridge 47A location along Evans Creek. Diesel-range petroleum hydrocarbons in groundwater were confirmed to exceed MTCA Method A cleanup levels, and the site remains under active cleanup as part of the Standard 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 three abandoned USTs found along SR 202 suggest a former fueling facility that may have operated well before 1986, but no installation dates or operator records have been located to confirm that timeline — the pre-1986 connection rests on the circumstantial 25-year tank lifecycle estimate. Complicating the picture further, the separate 2006 transformer-oil release at Bridge 47A represents a distinct, recent contamination event at the same site. These dual contamination sources — one potentially decades-old, the other definitively tied to 2006 construction activities — make the historical insurance landscape for this property complex and warrant careful investigation of any CGL policies that may have been in force during the USTs' operating life.
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.