This bulk petroleum distribution facility was constructed in the 1930s and has operated continuously under UNOCAL and its lessees, with infrastructure including five aboveground fuel storage tanks, a pumping station, three loading racks, and oil/water separators. Petroleum-contaminated soil was first identified and excavated in 1989; remaining contamination was capped beneath a building and concrete floor, and an Environmental Covenant was recorded to enforce institutional controls. The site now operates under an ongoing monitoring program covering groundwater, soil gas, annual cap inspections, and periodic covenant reviews. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
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 1989 soil excavation was the opening act of a cleanup trail that traces directly to bulk petroleum operations running decades before 1986. Every cost that followed — the impervious cap installation, Environmental Covenant implementation and modifications, and a multi-decade monitoring regime spanning groundwater, soil gas, and annual structural inspections — is tied to a release window squarely within the era of occurrence-based CGL coverage. Carriers who insured this facility or its operators during that pre-1986 period may bear responsibility for those accumulated remediation 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.
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.
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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.