This property has a documented history as a farm and agricultural operation going back to 1930. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This Pierce County property was used for agricultural purposes from 1930 through approximately 2004, with waste oil stored in an above-ground storage tank that was later abandoned and buried on-site. The tank and contamination were discovered in 2007 during excavation for a utility trench; cleanup under the Voluntary Cleanup Program included removal of the tank, 152 tons of contaminated soil, and 5.7 tons of miscellaneous debris, with standing water from the excavation pumped to a Baker Tank. The site also underwent multi-year groundwater monitoring, including installation of temporary and permanent monitoring wells and four consecutive quarters of sampling, before receiving a No Further Action designation. 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.
Waste oil storage and the agricultural operations that generated it at this site date to 1930 — more than five decades before the 1986 threshold after which occurrence-based Commercial General Liability policies routinely incorporated effective pollution exclusions. The contaminants documented here — diesel-range organics, oil-range organics, lead, and chlorinated VOCs including TCE — are consistent with decades of historical releases tied to those pre-1986 operations. Historical carriers who issued CGL policies to agricultural operators at this property during that long operational window may retain obligations to fund the investigation and remediation costs already incurred.
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
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.
