This property is the motor pool facility at the Monroe Correctional Complex in Monroe, which has been in operation since the early 1900s. Multiple underground storage tanks have been in service at the facility over the decades, including a waste oil UST installed approximately 1998 that replaced an earlier 1,000-gallon tank. A 2008 site assessment identified petroleum contamination in groundwater at approximately 5.5 feet below ground surface, with a visible petroleum sheen observed on the water table. Cleanup is underway under a 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.
Motor pool operations at this facility predate 1986 by decades, and the waste oil UST replaced in 1998 succeeded a tank whose installation history is consistent with pre-1986 service. The petroleum contamination found in groundwater here traces to underground storage tank operations that span that pre-1986 window, when occurrence-based CGL policies carried no effective pollution exclusion. Remediation costs already incurred and those still ahead — site assessment, groundwater cleanup, monitoring — represent expenditures that historical carriers who covered the facility during those earlier decades 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.