This property was operated by the United States Navy from approximately 1940 to 1960, after which the South Kitsap School District assumed ownership and established its transportation department at the site. Underground storage tanks were installed in 1966 and 1976, with capacities of 3,000, 4,000, 10,000, and 12,000 gallons for gasoline storage. Petroleum releases from those tanks contaminated groundwater with TPH-G and BTEX at concentrations exceeding MTCA cleanup levels, with gasoline migrating through footing drains into the stormwater conveyance system. The tanks were decommissioned in 2020, and cleanup under the Standard Cleanup program is ongoing. 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 property were installed in 1966 and 1976 — well within the era when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion in Washington. Petroleum contamination from those tanks, including benzene and gasoline-range hydrocarbons in groundwater, traces directly to infrastructure put in place during the coverage period. Historical carriers who issued CGL policies to the site's operators during those decades may be obligated to fund both the remediation costs already incurred and the cleanup work that remains 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.