This public works facility housed seven underground storage tanks — holding gasoline, diesel, and waste and fresh oil — installed between 1966 and 1974. Site investigations beginning in 1990 confirmed petroleum contamination in soil, and a 1993 groundwater investigation found significant levels of benzene, toluene, and total petroleum hydrocarbons in multiple monitoring wells, including free-floating product. Groundwater sampling in 1994 documented benzene concentrations exceeding the MTCA Method A cleanup standard by more than a thousandfold, and thirteen monitoring wells were installed across the site for ongoing quarterly monitoring. Cleanup is underway. 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 petroleum releases at this site trace directly to underground storage tanks installed between 1966 and 1974 — a period when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented contamination in soil and groundwater, including free product and BTEX concentrations far exceeding cleanup standards, has driven investigation and monitoring costs spanning more than three decades. Historical carriers who covered the facility's operations during that 1966–1974 installation and use window may be obligated to recover those past remediation expenditures and to fund the cleanup work 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.