This property operated as the Fedderly Marion Freight Lines commercial freight terminal in Issaquah, with underground storage tanks supporting diesel and oil fueling for its vehicle fleet. Cleanup under the Voluntary Cleanup Program included soil remediation and excavation of a 1,000-gallon underground storage tank in 1991, with subsequent assessment confirming clean groundwater in the former tank area. The site has received a No Further Action determination from Ecology. 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- and oil-range hydrocarbon contamination at this property originated from underground storage tanks that were installed and operated well before their 1991 removal — placing the releases squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation expenditures — tank excavation, soil cleanup, and groundwater assessment spanning multiple years — represent costs that historical carriers who insured the freight operation during the pre-1986 window 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.
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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.