This property operated as the Julius Rosso Wholesale Nursery Co., a wholesale nursery with on-site gas and diesel underground storage tanks for fueling agricultural equipment. Three USTs and associated product lines were removed in 1997 and 1998, with approximately 3.5 tons of petroleum-contaminated soil excavated and disposed off-site and an additional 10 cubic yards landfarmed on-site. Confirmed groundwater contamination with halogenated pesticides — likely associated with long-term nursery operations rather than the UST releases — remains documented at the site, which is currently awaiting cleanup under the 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 nursery were likely installed around 1972–1973 based on standard tank lifecycle analysis, placing the onset of petroleum operations well before 1986. Occurrence-based CGL policies issued during that pre-1986 operational window carried no effective pollution exclusion in Washington and remain enforceable today. With the site still awaiting cleanup for halogenated pesticide contamination in groundwater — on top of the petroleum remediation already completed — the property faces additional investigation and remediation costs that historical carriers may be obligated to fund.
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.