This property operated as an aviation fueling facility from approximately 1967 through 1989, with four underground storage tanks — including a 10,000-gallon Jet A tank and three aviation gasoline tanks ranging from 6,000 to 10,000 gallons — dispensing fuel on site. Groundwater sampling in 1990–1991 detected benzene, xylenes, and total petroleum hydrocarbons above Method A cleanup levels, with free-phase petroleum product (LNAPL) present at a water table just two to seven feet below ground surface. The remaining USTs were excavated in 2005, and cleanup under the Standard Cleanup Program is ongoing, with surface water risks flagged due to proximity to Lake Washington and the Cedar River. 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.
Aviation fuel storage and dispensing at this site began approximately 1967 — nearly two decades before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion. The petroleum contamination in groundwater and surface water, including benzene and LNAPL from leaded aviation gasoline, traces directly to operations conducted under those pre-1986 policies. Documented remediation costs — UST excavation, contamination investigation, and ongoing cleanup — represent expenditures the historical carriers may be obligated both to recover and to 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.
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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.