This property was established as a bulk petroleum plant in 1919 and has operated in that capacity for decades, with cardlock fuel dispensers installed around 1976. Site investigations have confirmed petroleum contamination in both soil and groundwater, with impacts extending to surface water. Non-halogenated solvents have also been detected in groundwater and surface water. Cleanup is underway under Washington's 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.
Whitney Distributing Co operated as a bulk petroleum facility for more than six decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The petroleum and solvent contamination now being addressed in soil, groundwater, and surface water traces to operations conducted throughout that long pre-1986 window. Historical carriers who issued CGL policies during those decades of bulk fuel handling may be obligated to fund both past remediation expenditures and the cleanup costs still 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.
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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.