This property operated as a petroleum bulk plant with underground storage tanks installed as early as October 1976, including waste oil, preventalube, and aviation fuel tanks — with a gasoline UST added in January 1985. Groundwater beneath the site has been confirmed above cleanup levels for halogenated solvents, benzene, and petroleum hydrocarbons including diesel. The site is enrolled in Washington's Voluntary Cleanup Program and is currently awaiting cleanup. 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 underground storage tanks at this bulk plant were installed between 1976 and 1985 — a full decade of operations falling squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. Groundwater contamination confirmed at the site spans multiple chemical classes, from halogenated solvents to benzene and petroleum products, pointing to releases tied directly to those pre-1986 tank operations. The investigation and remediation costs this property now faces could plausibly be funded by historical carriers whose policies were in effect when the contamination first occurred.
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.