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 recover the cleanup costs already paid.
Flaming Geyser State Park, operated by the Washington State Parks and Recreation Commission, maintained underground storage tanks used for fleet or equipment fueling that released diesel-range petroleum hydrocarbons into soil and groundwater. Remediation under the Voluntary Cleanup Program included UST removal and a multi-year groundwater monitoring and characterization program conducted from 1998 through 2003. Upon completion of that program, Ecology issued a no-further-action determination for the site. 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 diesel contamination at Flaming Geyser State Park originated from underground storage tanks in service for fleet and equipment fueling well before 1986 — the Commission's UST removal in 1998 implies a decades-long prior operational history. Commercial liability carriers who insured the Commission during that pre-1986 window issued occurrence-based policies that may retain enforceable obligations for the cleanup costs documented here. The UST removal and five-year groundwater monitoring program that earned the site its NFA determination represent expenditures the Commission may be entitled to recover under those historical policies.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
Recovering Costs from an Older Cleanup
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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.
