The Whitman County Grain Growers site in Colfax housed a 500-gallon gasoline underground storage tank beneath a building with riveted corrugated steel walls, construction consistent with an earlier era of agricultural infrastructure. The tank was decommissioned in June 1990, and site investigations revealed significant petroleum contamination in groundwater: benzene concentrations approximately ten times the cleanup guideline and total fuel hydrocarbons roughly eight times the applicable standard. The site is enrolled in the Standard Cleanup program and remediation work is underway. 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.
Whitman County Grain Growers is a long-established agricultural cooperative, and the gasoline UST was installed beneath the building's floor slab when the structure was originally constructed — physical evidence pointing to operations well before 1986, when occurrence-based Commercial General Liability policies were still the industry standard. The documented groundwater contamination from that tank — benzene and petroleum hydrocarbons at multiples of cleanup guidelines — represents the kind of long-duration release those pre-1986 policies were written to cover. Cleanup costs already incurred and those still ahead may be recoverable from historical carriers whose policies were in force during the cooperative's pre-1986 operational period.
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.