Kitsap County Pump Station 6 was built in 1977 for the Kitsap County Sewer Utility Division, with a diesel underground storage tank — estimated to have been installed around 1973 — fueling an emergency generator. The UST was removed in 1998 along with approximately 5 cubic yards of contaminated soil and further excavation to meet cleanup levels. Groundwater contamination identified at that time naturally attenuated over 18 years of post-remedial monitoring, and the site has received a No Further Action determination under the Voluntary Cleanup Program. 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 that caused contamination at this facility was installed and in service roughly nine to thirteen years before 1986, squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation costs — tank removal, soil excavation, and nearly two decades of groundwater monitoring — trace directly to releases from that pre-1986 infrastructure. Historical carriers who provided CGL coverage during the tank's operational window may still be obligated to reimburse those cleanup 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.