This property housed a gasoline underground storage tank estimated to have been installed around 1972, which was removed in 1997 after being identified as a leaking UST. Soil excavation and sampling during the tank removal revealed diesel-range and oil-range petroleum hydrocarbons at concentrations exceeding MTCA cleanup levels, with groundwater encountered at six feet below ground surface. The site received a No Further Action determination in 2012 following the independent cleanup. 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 in the ground for approximately twenty-five years before its removal — placing its installation and the onset of releases squarely within the pre-1986 era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented cleanup expenditures — tank removal, soil excavation, sampling, and the regulatory process culminating in a No Further Action determination — represent costs that historical CGL carriers who covered the property during that operational 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.