This industrial property, operated by Master Halco Inc., was contaminated by a leaking 4,000-gallon gasoline underground storage tank used to support on-site operations. The UST and 270 cubic yards of contaminated soil were excavated and removed in 1989. Subsequent remediation from 2008 to 2010 included installation of six groundwater monitoring wells, quarterly groundwater sampling, and monitored natural attenuation. The site has received a No Further Action determination under the Voluntary Cleanup Program. 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 an underground storage tank that was operational well before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. Two decades of documented remediation expenditures — tank removal, soil excavation, monitoring well installation, and years of quarterly groundwater sampling — were incurred to address a release tied directly to that pre-1986 operation. Historical carriers who issued CGL policies covering this facility during that window 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.