This property has operated as a food warehousing and distribution center, with an on-site maintenance shop providing fueling, truck maintenance, and truck washing for the facility's fleet. A historical petroleum release from underground storage tank product lines was discovered in 1989, prompting excavation of the former USTs, fuel lines, and contaminated soil — including slab floor removal — along with multi-year groundwater monitoring and the installation of institutional controls. Initial remedial actions totaled $127,350 in documented cleanup costs, with enhanced soil biodegradation proposed as a future remediation measure. The site has received a No Further Action determination under Ecology's Standard 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 release at this property originated from UST infrastructure that was in place before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington State. The contamination was not discovered until 1989, but the release itself traces to fuel lines and tanks installed and operated during the pre-1986 policy window. Documented remediation expenditures — UST removal, soil excavation, groundwater monitoring, institutional controls, and planned biodegradation — represent costs that historical CGL carriers who covered the facility during those earlier decades of operation may still be obligated to reimburse.
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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.