This property has a documented history as a public works and maintenance facility going back to 1979. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This property was constructed in 1979 as an operating base for Puget Sound Energy's natural gas operation and maintenance crews, with an on-site refueling station consisting of two 4,000-gallon steel underground storage tanks and two fuel dispensing pumps serving the utility's service vehicles. The tanks were taken out of service in 1996 and removed in 1997, at which point petroleum contamination was identified. Cleanup under Ecology's standard program included excavation and off-site disposal of 220 cubic yards of contaminated soil, removal of approximately 30,000 gallons of contaminated water from the excavation pit, and backfilling with clean soil capped by asphalt to limit rainwater infiltration. The site received a No Further Action determination in 2012, closing a 15-year regulatory timeline. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Why Historical Insurance Policies May Be Accessible
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 originated from underground storage tanks installed and operated continuously from 1979 — seven years before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. CGL policies issued to the facility's operators during that pre-1986 window carried no effective pollution exclusion under Washington law and remain enforceable today. Fifteen years of documented remediation expenditures — tank removal, soil excavation, groundwater recovery, and site restoration — represent costs that the historical carriers who covered this facility during its early operational years may still be obligated to reimburse.
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.
Recovering Costs from an Older Cleanup
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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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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.