The Old Mill Bus Barn operated as a public works facility with underground storage tanks at the 400 block of Maple Street in Edmonds. By 2013, the tanks had been removed and the site was classified among a group of historical sites previously designated as Reported Cleaned Up. However, soil and groundwater contamination above regulatory levels persists near the former UST excavation areas, with confirmed petroleum-diesel and other petroleum hydrocarbons in groundwater. The site has since returned to active cleanup status under Washington's 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 petroleum contamination at this property traces to underground storage tanks installed and operated before their eventual removal, with the facility's history placing those operations prior to 1986 — when occurrence-based CGL policies were standard and carried no effective pollution exclusion in Washington. Confirmed diesel and petroleum contamination persisting above regulatory levels in soil and groundwater means cleanup costs have already been incurred and further remediation lies ahead. Historical carriers who insured the facility during the tanks' pre-1986 operational window may be obligated both to recover past expenditures and to fund the work still to come.
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.