This property has a documented history as a public works and maintenance facility going back to 1985. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This property served as the Cities of Mountlake Terrace and Lynnwood's joint Public Works Maintenance Shop and vehicle fueling facility, constructed in 1985 with four underground storage tanks totaling 27,000 gallons for fuel and waste oil. Cleanup under the Standard Cleanup program included excavation and removal of all four USTs and associated piping, along with removal of at least 17.92 tons of contaminated soil from two separate spill locations, including a 1992 hydraulic oil release from a maintenance hoist. Excavated soils were treated or landfilled, tanks were cleaned and scrapped, and all excavations were backfilled with clean material. 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.
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.
The underground storage tanks at this facility — including one containing leaded gasoline — were installed in 1985, squarely within the window when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The petroleum and hydraulic oil releases that triggered cleanup originated from infrastructure put in place during that pre-1986 policy period. Documented remediation expenditures for tank removal, soil excavation, treatment, and site restoration represent costs that historical CGL carriers who covered the municipal operations in 1985 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.
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.