This property served as the Washington Department of Fish and Wildlife's Auburn Shop, a government vehicle maintenance and fueling facility equipped with eight underground storage tanks storing gasoline, diesel, heating oil, and waste oil. Cleanup in 1993 included the removal of all eight USTs and associated product lines, along with excavation of approximately 420 tons of petroleum-contaminated soil, which was disposed off-site. Confirmation sampling verified the site met MTCA Method A cleanup levels, and Ecology issued a No Further Action determination in 2012. 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 facility originated from underground storage tanks estimated to have been installed around 1968 or earlier — well within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The documented remediation costs — tank removals, soil excavation, off-site disposal, confirmation sampling, and nearly two decades of regulatory oversight before final closure — are the type of expenditures that historical carriers who issued CGL policies during the tanks' operational life 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.