Skyline Fluid Power Inc operated as an industrial facility in Dayton, with waste oil accumulation on site dating to approximately 1981 — roughly 68 drums of waste oil were found during a September 2006 inspection after accumulating over a 25-year period. Site investigations documented years of historic releases of oily wastes and historically contaminated soil, with petroleum products confirmed in groundwater and halogenated organics, petroleum products, and non-halogenated solvents suspected in both groundwater and surface water. The property is immediately adjacent to the Touchet River and is enrolled in the Voluntary Cleanup Program; active remediation has not yet commenced. 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 industrial operations and waste accumulation at this property began approximately five years before 1986, the dividing line after which Commercial General Liability policies began routinely excluding pollution claims. Petroleum and solvent contamination now documented in groundwater and surface water traces to decades of waste oil handling and storage that predates that exclusion shift. The cleanup costs this property now faces — site investigation, remedial design, and remediation of contaminated soil, groundwater, and adjacent surface water — could plausibly be funded by historical carriers whose occurrence-based CGL policies were in force during the years the contamination originated.
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.