This property served as the site of Craig Construction, a construction company that maintained an underground storage tank for diesel fuel to support heavy equipment and vehicle operations. The tank was decommissioned and removed in 2004, revealing diesel contamination in groundwater. Cleanup under the Voluntary Cleanup Program included excavation and off-site disposal of 750 tons of contaminated soil and 500 tons of overburden, recovery of approximately 48,000 gallons of affected groundwater discharged to the sanitary sewer, installation of multiple monitoring wells, and multi-quarter groundwater monitoring. The site has achieved No Further Action status. 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 diesel contamination at this property originated from an underground storage tank whose operating life extended back into the pre-1986 era, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation expenditures — tank decommissioning, large-scale soil excavation, groundwater recovery, and sustained monitoring — represent costs tied to a release that began during that earlier policy window. Historical carriers who issued CGL coverage to the property's operators during the tank's pre-1986 service years may still be obligated to reimburse 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.