This property has served as a school district bus transportation center since at least the 1950s, when a 400-gallon waste oil underground storage tank was installed to support vehicle maintenance operations. The corroded UST was removed in April 1998, and site assessments confirmed petroleum hydrocarbon contamination in groundwater beneath the property. The site is classified under Washington's Standard Cleanup program with remediation underway, and remains in active use as a district transportation facility. 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 waste oil UST at this facility was installed in the 1950s — more than three decades before occurrence-based Commercial General Liability policies stopped reliably covering pollution claims in 1986. Petroleum contamination migrating from that tank into groundwater represents the type of long-duration release those pre-1986 policies were designed to address. Documented and ongoing remediation costs at this site — from tank removal and site assessment through groundwater cleanup — could be recoverable from historical carriers whose policies were in force during the decades the UST was in operation.
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.