This property operated as Martin Air Conditioning & Fuel Co., a fuel storage and distribution facility with underground storage tanks for heating oil and diesel. In 1990, two USTs were excavated and removed, with approximately 40 cubic yards of contaminated soil overexcavated and disposed off-site; a groundwater monitoring well was also reportedly installed for assessment. The project spanned roughly 22 years from initial cleanup through regulatory closure, culminating in 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 petroleum contamination at this property originated from underground storage tanks that were installed and operating well before 1986 — the year occurrence-based Commercial General Liability policies stopped reliably covering pollution claims in Washington. Two decades of regulatory oversight, tank removal, soil excavation, and monitoring were required to bring this site to closure. Historical carriers who issued CGL policies during the pre-1986 operational window may still be obligated to recover the cleanup costs incurred across that extended remediation timeline.
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.