This property has a documented history as a public works and maintenance facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This right-of-way property in Clyde Hill housed a diesel underground storage tank consistent with municipal public works operations. When a release was identified in 1997, cleanup under the Standard Cleanup program included removal of the diesel UST and excavation of approximately 60 cubic yards of petroleum-contaminated soil, followed by confirmation sampling. The affected groundwater achieved Method A cleanup levels, and Ecology issued a No Further Action determination in 2012 — roughly 15 years after the initial release notification. 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 diesel UST at this site was in service well before 1986, placing its operational period squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Fifteen years of documented remediation — tank removal, soil excavation, groundwater restoration, and the monitoring required to reach No Further Action status — represent cleanup expenditures tied directly to a release from that pre-1986 infrastructure. Historical carriers who provided CGL coverage during the tank's operational window may still be obligated to cover those costs.
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.