This property has a documented history as a farm and agricultural operation predating 1986. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This property was historically used for vehicle and farm equipment maintenance and for raising horses, with a 500-gallon gasoline tank and a 300-gallon diesel tank — documented in records as agricultural fuel storage — installed on-site. Cleanup under the Voluntary Cleanup Program included the removal of both underground storage tanks in 2008, followed by remedial excavation in 2016 that removed 126.63 tons of petroleum-contaminated soil and disposed of it off-site. The project concluded with a No Further Action determination in 2017. 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 at this property originated from underground storage tanks tied to agricultural operations that predate 1986, when occurrence-based Commercial General Liability policies were still the industry norm and carried no effective pollution exclusion. The documented remediation trail — tank removals, soil excavation, and off-site disposal of over 126 tons of impacted material — represents costs incurred to address a release traceable directly to that pre-1986 operational window. Historical CGL carriers who issued policies during those farm and equipment-maintenance operations may remain obligated to contribute to recovery of those cleanup expenditures.
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.
