This property has a documented history as a industrial and manufacturing facility going back to 1977. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property served as the Scarsella Brothers construction shop facility, with a service garage constructed in 1977 and underground storage tanks supplying gasoline, diesel, and waste oil for fleet operations. In 1997 multiple USTs were removed, and subsequent cleanup under the Voluntary Cleanup Program has included excavation and bioremediation of 800 to 4,000 cubic yards of petroleum-impacted soil, off-site thermal treatment of additional soil, injection of over 3,000 pounds of Oxygen Releasing Compounds into groundwater in 1999, and quarterly groundwater monitoring ongoing since 1998. Cleanup work is ongoing, with an air stripping system proposed for continued groundwater contamination. 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 site originated from underground storage tanks that supported fleet fueling and vehicle maintenance operations dating to at least 1977 — nearly a decade before occurrence-based CGL policies ceased covering pollution claims. The remediation costs already incurred here — tank removals, large-scale soil excavation and treatment, chemical injection, and years of groundwater monitoring — along with the additional cleanup still ahead represent expenditures that historical carriers who wrote CGL policies during that pre-1986 operational window may be obligated both to reimburse and to fund going forward.
Restorical's role is to locate viable historical policies, determine whether a successful coverage claim is possible, and assist our clients and their legal counsel to obtain insurance coverage. Restorical then manages the claim, including accounting, to ensure the cleanup is funded in a timely manner.
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
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.