This property has a documented history as a public works and maintenance facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This property sits adjacent to the Washington Veterans Home — a state facility dedicated in 1910 — and was contaminated by a heating oil pipeline and underground storage tanks that served the Home, including a 2,000-gallon diesel UST and two 7,500-gallon heating oil USTs. Remediation between fall 1992 and May 1994 included removal of all three USTs, excavation of approximately 1,370 cubic yards of petroleum-contaminated soil, capping of remaining impacted soil, and temporary shoring during seawall repairs. Petroleum contamination was still identified at the site as recently as 2022, and the site remains at the Awaiting Cleanup stage. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Why Historical Insurance Policies May Be Accessible
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 here traces directly to heating oil and diesel fuel operations conducted for a state facility well before 1986, the point after which occurrence-based CGL policies began carrying effective pollution exclusions. Carriers who issued policies covering those pre-1986 Veterans Home fuel operations may still be obligated to fund the investigation and remediation costs that have yet to be incurred at this property. With cleanup incomplete and the site still classified as Awaiting Cleanup, the historical carriers' potential exposure extends to the full scope of future remediation expenditures ahead.
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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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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.
