This property served as the US West Waverly 2 Central Office, a telecommunications facility housing diesel underground storage tanks that powered backup generators for the telephone switching equipment. US West inherited the site from Pacific Northwest Bell following the 1984 AT&T divestiture; the central office itself was built during the mid-20th century telephone network expansion. The facility carries a Leaking Underground Storage Tank designation, with petroleum-diesel hydrocarbons suspected in groundwater, and Ecology has tracked the site since 1990. Cleanup is underway 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.
This central office and its diesel tank infrastructure date to the mid-century era when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The facility's decades of pre-1986 operations — housing diesel USTs that are now the source of a suspected groundwater release — place it squarely within the coverage window of those historical policies. Carriers who insured the telephone operations during that period may bear obligation for the remediation costs now being incurred to address the petroleum-diesel contamination at this site.
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.