This property served as the auto shop facility for Lake Washington Technical College, with underground storage tanks providing gasoline, diesel, and waste oil storage for at least twelve years before their removal in 1993. Cleanup activities included the excavation of five underground storage tanks and eight hydraulic hoists, removal of approximately 97 cubic yards of petroleum-contaminated soil, off-site disposal, and backfilling with clean materials. Groundwater monitoring wells were installed in 1994 after subsurface impacts were identified, and the site received a No Further Action determination 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.
Petroleum contamination at this site originated from underground storage tanks and hydraulic hoists that were in use well before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. Nearly two decades of documented investigation and remediation — tank removals, soil excavation, groundwater monitoring — were required to bring the site to closure. Historical carriers who issued CGL policies during the pre-1986 operational window may still be obligated to recover those cleanup 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.
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.