This property operated as a truck leasing facility under Rollins Leasing Corp. before transitioning to Penske Truck Leasing. A release from underground storage tanks was documented in September 1988, and four USTs were subsequently removed from the site on January 16, 1991. Petroleum hydrocarbons — both diesel and other petroleum products — have been confirmed in groundwater beneath the property. 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.
The underground storage tanks at this site were already leaking by 1988 and at end-of-life when removed in 1991, indicating installation likely occurred in the 1970s or earlier — well within the era of occurrence-based CGL policies that carried no effective pollution exclusion. The confirmed petroleum contamination in groundwater traces directly to those pre-1986 tank operations. As cleanup costs continue to accrue under an active remediation program, historical carriers who insured the facility during the period of tank operation may bear responsibility for both the costs already incurred and those 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.