This oil refinery in Tacoma has been in continuous operation since 1957, with multiple tank systems across the facility. Ecology's SHARP Assessment and PLP documentation identify releases of priority pollutant metals and petroleum products into permeable containment areas overlying shallow groundwater, with confirmed contamination in both groundwater and surface water. Tank leaks and dangerous-waste incidents documented between 2015 and 2023 reflect a pattern of ongoing operational releases. The site is under Standard Cleanup and awaiting remediation. 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.
Refinery operations at this property began nearly three decades before 1986, placing the origin of contamination squarely within the era when occurrence-based CGL policies carried no effective pollution exclusion in Washington. The metals and petroleum contamination now confirmed in groundwater and surface water traces back to tank infrastructure and industrial processes that predate that threshold by decades. The investigation, design, and remediation costs this facility faces — for a site with multiple affected media and a nearly seventy-year operational history — could plausibly be recoverable under historical CGL policies issued to the operators during those pre-1986 years of continuous refinery operation.
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.