This property served as a U.S. Postal Service facility with a diesel underground storage tank used to fuel fleet vehicles. Petroleum-contaminated soil was discovered when the diesel UST was removed in 1990, prompting overexcavation of impacted soil and pumping of affected groundwater for off-site disposal. These independent cleanup actions were completed in 1990, and the site received 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 diesel contamination at this property originated from an underground storage tank that was in service well before 1986, during the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The documented remediation costs — tank removal, soil excavation, and groundwater recovery — were incurred to address a release tied to those pre-1986 fueling operations. Historical carriers who issued CGL policies covering the facility during that operational window may still be obligated to recover those cleanup expenditures.
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.