This property previously housed a bus depot, tire shop, and engine repair facility across multiple parcels, with underground storage tanks and a drywell supporting those vehicle-service operations. Cleanup under the Voluntary Cleanup Program included removal of multiple USTs, associated piping, and a drywell, along with excavation of approximately 33 cubic yards and 35 tons of contaminated soil and recovery of 405 gallons of tank liquids and sludge. Residual contamination led to a Restrictive Covenant prohibiting groundwater extraction and requiring maintenance of the concrete and asphalt surface cover, with periodic reviews every five years. The site has received a No Further Action determination. 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 traces to vehicle-service operations — engine repair, tire service, bus maintenance — that were active well before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation costs, including UST removals, soil excavation, sludge recovery, and the implementation of long-term institutional controls, were incurred to address releases originating from those pre-1986 operations. Historical carriers who issued CGL policies during the years these facilities were operating may still be obligated to cover 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.