Little Mountain Grocery operated as a fueling location with underground storage tanks in Mount Vernon, Skagit County. Gasoline-range total petroleum hydrocarbons were identified in soil, and the site was placed on Ecology's Leaking Underground Storage Tank (LUST) list. Cleanup under the Voluntary Cleanup Program included soil excavation and groundwater remediation, with the project spanning from initial reports in 1999 to a No Further Action determination in 2009. 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 petroleum contamination at this property originated from underground storage tanks that, based on the cleanup timeline, were in service well before 1986 — the period when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation expenditures here — soil excavation and groundwater remediation over a decade-long cleanup — represent costs that historical carriers who issued CGL policies during the tanks' operational window may still be obligated to cover.
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.