This property operated as the Walton Beverage Company, an industrial beverage manufacturing and distribution facility that maintained underground storage tanks for on-site fleet fueling as early as approximately 1983. Gasoline-range and diesel-range petroleum hydrocarbons along with BTEX compounds were released into the soil from those USTs. Cleanup under the Voluntary Cleanup Program ran from 2005 through 2010 and included UST decommissioning and contaminated soil remediation; the site has received a No Further Action determination. 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 underground storage tanks at Walton Beverage were installed approximately 1983 and 1985 to support a distribution fleet that predated the 1986 pollution-exclusion shift — meaning the carriers who wrote CGL policies for this facility during those years covered occurrence-based losses with no effective carve-out for the petroleum releases now documented in the soil. The remediation costs incurred here — tank decommissioning, soil remediation, and the multi-year cleanup effort under the VCP — are the type of documented expenditures those historical policies were written to fund.
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.