This property served as the Issaquah School District's bus garage and transportation maintenance facility, with underground storage tanks estimated to have been installed by 1966. A petroleum release was reported in 1991, triggering cleanup that included the removal of four USTs and a septic tank along with the excavation and off-site disposal of approximately 161 tons of petroleum-contaminated soil. Confirmation sampling verified the effectiveness of the remediation, and Ecology issued a No Further Action determination in 2012 — more than twenty years after the initial release notification. 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 petroleum contamination at this site originated from underground storage tanks that were in service two decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The cleanup costs incurred over that twenty-year remediation effort — tank removals, soil excavation, off-site disposal, and long-term confirmation monitoring — represent documented expenditures tied directly to pre-1986 operations. Historical carriers who issued CGL policies covering this facility during the tanks' operational window may still be obligated to reimburse 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.
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.