This property served as a maintenance facility operated by the Lake Washington School District. A February 1989 Ecology enforcement order confirmed petroleum and benzene contamination in groundwater and soil, with benzene detected at 300 ppb in a monitoring well; suspected PCBs, heavy metals, and solvents were also identified. Underground storage tanks retrofitted in 2007 indicate the original USTs were likely installed before 1982, based on a standard 25-year tank lifecycle. Cleanup is ongoing, with confirmed diesel-range petroleum hydrocarbons in groundwater. 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 original underground storage tanks at this maintenance facility were likely installed before 1982, placing them within the era when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. By 1989, Ecology had already documented petroleum and benzene contamination in soil and groundwater traceable to those operations. The remediation costs incurred since — investigation, monitoring, and ongoing cleanup — represent expenditures that historical carriers who issued CGL policies during that pre-1986 operational window may be obligated both to recover and to fund going forward.
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.