This property has a documented history as a farm and agricultural operation going back to 1909. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
Carnation Farm has been in operation since 1909, used primarily as a dairy farm with on-site fuel storage infrastructure including a 22,000-gallon above-ground fuel oil tank installed in the 1920s, a 10,000-gallon leaded gasoline underground storage tank installed in 1971, and a 5,000-gallon unleaded gasoline UST installed in 1976. Cleanup under the Voluntary Cleanup Program included decommissioning and removal of these storage tanks, excavation of approximately 285 cubic yards of petroleum-contaminated soil, and two years of groundwater monitoring. The site received a No Further Action determination and remains subject to a restrictive covenant requiring periodic reviews and maintenance of containment systems. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Why Historical Insurance Policies May Be Accessible
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 originated from fuel storage infrastructure installed and operated decades before 1986 — an above-ground tank dating to the 1920s and underground gasoline tanks from the 1970s. Occurrence-based Commercial General Liability policies in effect during those operational years carried no effective pollution exclusion under Washington law. The documented remediation expenditures — tank decommissioning, soil excavation, groundwater monitoring, and ongoing covenant obligations — represent cleanup costs that historical carriers who insured the farm's operations 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.
Recovering Costs from an Older Cleanup
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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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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.