This 5.37-acre property has served as an automotive maintenance and refueling facility for the City of Spokane since the early 1900s. Cleanup activities beginning in 1989 under the Voluntary Cleanup Program included excavation of approximately 614 tons and 40 cubic yards of contaminated soil, removal of multiple underground storage tanks ranging from 1,000 to 20,000 gallons, elimination of floor drains, drywells, cesspools, and vehicle hoists, and demolition of building structures. Remediation also encompassed hazardous materials removal, confirmation sampling, engineered and institutional controls, and quarterly groundwater monitoring across five wells from 2019 to 2021. The site has received a No Further Action determination. 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.
Municipal refueling and vehicle maintenance operations at this property date to the early 1900s — decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The contamination requiring over 600 tons of soil excavation, multiple tank removals, hazardous materials abatement, and years of monitoring originated from operations covered under those historical policies. Carriers who issued CGL policies during the pre-1986 operational window may still be obligated to recover those documented 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.