This municipal lift station in Everett housed a diesel underground storage tank serving a backup generator for public infrastructure operations. In 1996, the UST and associated product lines were removed, and petroleum-contaminated soil was excavated from the site. Subsequent investigation and regulatory review under the Standard Cleanup program continued for several years, and the site received a No Further Action determination from Ecology 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 UST removed in 1996 was consistent with an installation dating to the early 1970s or before — well within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The petroleum release from that tank, and the cleanup costs that followed — tank removal, soil excavation, years of investigation and regulatory oversight — trace directly to operations conducted under those historical policies. Carriers who covered the facility during that pre-1986 window may still be obligated to reimburse the documented remediation 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.