This 33-acre property operated as the Bo-Mac Gravel Company facility, used for sand and gravel extraction and concrete production over a long operational history predating 1986. Cleanup under the Voluntary Cleanup Program included removal of a 1,001-gallon underground storage tank and excavation of 28 cubic yards of gasoline-contaminated soil in 2009, followed by installation and operation of an air sparging well from 2010 to 2012 and quarterly groundwater monitoring over the same period. 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.
The leaking UST at Bo-Mac's gravel and concrete facility was taken out of service before Miles Sand and Gravel purchased the property in 2009, and excavated soil carried the odor of old gasoline — evidence that the release originated during Bo-Mac's earlier decades of operation, when occurrence-based CGL policies would have covered the facility. The remediation costs that followed — tank removal, soil excavation, more than two years of air sparging and groundwater monitoring — are the type of documented cleanup expenditures that historical carriers who insured Bo-Mac's pre-1986 operations may be obligated to reimburse.
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.