Contour Aerospace operated as an industrial and manufacturing facility in Everett, Snohomish County, with underground storage tanks for heating oil and diesel supporting its aerospace operations. In 1998, two USTs were removed along with 50 cubic yards of contaminated soil, and 1,200 gallons of affected groundwater were pumped and disposed of off-site. Following a multi-year assessment period, the site received a No Further Action determination in 2012 under the Standard Cleanup program. 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 — TPH, BTEX, and heating oil constituents — originated from underground storage tanks estimated to have been installed in the early 1970s, more than a decade before 1986 when occurrence-based CGL policies still carried no effective pollution exclusion. The documented remediation costs — tank removal, soil excavation, groundwater recovery, and over a decade of post-cleanup assessment — were incurred to address releases tied directly to those pre-1986 tank operations. Historical carriers who issued CGL policies during the period those tanks were in service may still be obligated to cover 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.