This property has a documented history as a property with a heating oil tank going back to 1924. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property operated as the Pacific Match Company from 1924 through 1965, when Tacoma School District purchased it for use as its buildings and grounds facility. Two underground storage tanks — a 2,500-gallon bunker fuel UST and a 250-gallon waste oil UST — served the property until the school district ceased using the bunker fuel tank in 1980; both tanks were removed in September 1991. Groundwater monitoring from 2004 through 2006 found diesel and heavy oil exceeding MTCA Method A cleanup levels, and free product (Bunker C fuel) was observed in a monitoring well in the early 1990s, with concern that the release may have reached Puget Sound through the stormwater system. Cleanup is underway. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Why Historical Insurance Policies May Be Accessible
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 underground storage tanks at this property were in active use by Tacoma School District well before 1986, with documented bunker fuel operations ceasing in 1980 and a site history extending to 1924 under its prior industrial operator. Occurrence-based Commercial General Liability policies in force during those decades of pre-1986 operations carried no effective pollution exclusion and remain a viable avenue for cost recovery. The petroleum contamination confirmed in groundwater — Bunker C fuel oil, diesel, and heavy oil at levels exceeding state cleanup standards — has generated remediation expenditures that historical carriers may be obligated to both reimburse and fund going forward.
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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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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.