This property has a documented history as a public works and maintenance facility going back to 1936. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
Yakima County operated this property as a public works equipment and maintenance facility beginning in 1936, installing underground storage tanks for gasoline and diesel fuel and servicing county vehicles on site. When the county vacated the property, the USTs were abandoned in place; subsequent operators, including Cascade Natural Gas, continued use through at least 1980. In 1990, removal of four USTs revealed tanks that were substantially degraded — some approximately 40 years old with visible holes and heavy corrosion — confirming long-term subsurface releases. Cleanup under a Consent Decree and Agreed Order has included excavation of 2,000 to 2,100 cubic yards of contaminated soil, landfarming and off-site disposal, and long-term groundwater monitoring with a restrictive covenant recorded against the property. 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.
Petroleum contamination at this site originated from underground storage tanks installed as early as 1936 and operated continuously for decades before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The degraded condition of the oldest tanks — abandoned in place with visible holes — points to slow, chronic releases spanning the full period those policies were in force. Documented remediation costs under the Consent Decree, including large-scale soil excavation, off-site disposal, and ongoing groundwater monitoring, represent expenditures that historical carriers may be obligated both to reimburse and to fund as cleanup continues.
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
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.
