This property served as the Washington Department of Fish and Wildlife's Mossyrock Fish Hatchery, with underground storage tanks on site dating to before 1982. In February 2004, five USTs were removed along with approximately 515 cubic yards of petroleum-contaminated soil; groundwater infiltrating the excavation was dewatered and collected in a holding tank for management. Eight monitoring wells were installed, and groundwater monitoring continued from 2004 through January 2012, after which the site received a No Further Action determination under the Voluntary 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.
Petroleum contamination at this hatchery originated from historic spills and overfills tied to underground storage tanks installed before 1982 — squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation expenditures — tank removal, large-scale soil excavation, groundwater dewatering, and eight years of monitoring — represent cleanup costs that historical carriers who issued CGL policies during that pre-1986 operational window may still be obligated to cover.
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.