This property operated as a bulk petroleum distribution facility beginning in 1938, originally run by the Burlington-Northern Railroad as a fuel depot where gasoline was offloaded from tank cars to tanker trucks and storage tanks. Several different companies used the site as a bulk petroleum facility over the decades, with at least one 6,000-gallon underground storage tank closed in 1989. Cleanup under the Voluntary Cleanup Program has included soil excavation totaling over 9,711 cubic yards, tank removal, landfarming, and groundwater monitoring ongoing since 1989. 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.
Petroleum contamination at this property traces to bulk fuel storage and distribution operations that began in 1938 — nearly five decades before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion. The scale of documented remediation — more than 9,700 cubic yards of soil excavated, tanks removed, and decades of groundwater monitoring — represents substantial cleanup expenditures tied directly to releases from those pre-1986 operations. The multiple operators who ran this bulk plant across that long pre-1986 window each potentially triggered CGL coverage, and those historical carriers may still be obligated to reimburse the costs incurred to remediate this site.
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.