Star Rentals Inc operated a commercial rental facility in Lynnwood with private gasoline and diesel underground storage tanks serving its fleet. Two USTs were removed in 1998, revealing petroleum-contaminated pea gravel backfill; approximately 75 cubic yards of that material were excavated and treated on-site, and 1,500 gallons of water were removed from the excavation and disposed off-site. Regulatory oversight spanned from the 1998 tank removal through 2012, when Ecology issued 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.
The underground storage tanks at this property were estimated to have been installed around 1973 — more than a decade before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The petroleum contamination discovered during the 1998 UST removal is the type of gradual release tied directly to those pre-1986 operations. Documented remediation expenditures — tank removal, excavation and treatment of contaminated backfill, water disposal, and fourteen years of regulatory oversight — represent costs that historical CGL carriers who covered the facility during the operational window may still be obligated to fund.
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.