This property served as a school district facility with a bus maintenance shop that stored regular leaded gasoline in a 500-gallon underground storage tank. The UST was removed in 1995, and cleanup under the Voluntary Cleanup Program included excavation and disposal of approximately 100 cubic yards of contaminated soil in 2000, along with semi-annual and quarterly groundwater monitoring from 1997 through 2003. The site has received a No Further Action determination from Ecology. 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 leaded gasoline stored in the underground tank dates the fueling operation to well before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation expenditures — tank removal, soil excavation, multi-year groundwater monitoring, and the NFA application process — were incurred to address contamination tied directly to that pre-1986 fueling operation. Historical carriers who issued CGL policies covering the school district during the tank's operational life may still be obligated to recover those cleanup costs.
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.