This municipal public works facility housed four underground storage tanks for diesel and gasoline, supporting fleet and equipment operations at the Seattle Tolt Regulating Basin. The USTs were removed in 1998 and 1999, and approximately 25 tons of petroleum-contaminated soil were excavated and disposed off-site. Independent cleanup actions addressing gasoline, BTEX, and diesel contamination in soil and groundwater continued from 1998 through 2012, ultimately meeting Method A Cleanup levels and achieving No Further Action status. 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 underground storage tanks at this facility were in service well before 1986, placing the origin of petroleum contamination squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. Over fourteen years of documented remediation — tank removals, soil excavation, and groundwater cleanup to regulatory standards — generated costs directly tied to releases from those pre-1986 operations. Historical carriers who provided CGL coverage during the tanks' 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.