This telecommunications facility at 1305 Washington Way has operated since at least 1953, when the first three underground storage tanks — including a 2,000-gallon diesel fuel UST — were installed; a fourth 6,000-gallon diesel fuel tank was added in 1969. Groundwater monitoring at wells MW-04 and MW-02 has documented petroleum hydrocarbon contamination, with TPH-D and TPH-O concentrations exceeding MTCA Method A cleanup levels of 500 µg/L across multiple sampling events. The site completed remediation under the Voluntary Cleanup Program and has received a No Further Action determination. 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 responsible for petroleum contamination at this property were installed in 1953 and 1969 — decades before occurrence-based Commercial General Liability policies stopped reliably covering pollution claims in 1986. The facility operator, now Lumen Technologies as successor to Qwest Communications and CenturyLink, held CGL coverage during the long period those diesel USTs were in active service without effective pollution exclusions. Documented remediation expenditures — investigation, groundwater monitoring, and cleanup to MTCA standards — represent costs that historical carriers who issued policies during that pre-1986 operational window may still be obligated to cover.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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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.