This commercial property, associated with Northwest Carpet Pad, contained an underground storage tank used for diesel and oil petroleum products. The UST was removed under the Voluntary Cleanup Program, with soil remediation and backfill operations completed at the site. The Department of Ecology issued a No Further Action determination in September 2002. 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 resulted from a release of diesel and heating oil from an underground storage tank whose operational history is consistent with pre-1986 installation. Occurrence-based Commercial General Liability policies in effect during the tank's operating years would have had no effective pollution exclusion under Washington law. The remediation costs incurred here — tank removal, soil cleanup, and regulatory compliance through the Voluntary Cleanup Program — represent expenditures that historical carriers who covered the property during that window may be obligated to recover.
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.