This municipal Parks and Recreation Shop operated with at least one underground storage tank, estimated to have been installed around 1966 and removed in 1991 after lubricant-range petroleum contamination was discovered in the surrounding soil and groundwater. Cleanup included overexcavation of petroleum-contaminated soil, off-site disposal, and water management in the excavation area. The site received a No Further Action determination in 2012, confirming the independent cleanup was complete. 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 release at this site originated from an underground storage tank that was in service for roughly twenty-five years before its removal in 1991 — placing the bulk of its operational life squarely within the pre-1986 window when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The documented remediation costs — tank removal, soil excavation and disposal, water management, and the two-decade path to regulatory closure — are expenditures that historical carriers who covered this facility during its UST operations 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.
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.