This property served as an electrical substation operated by Puget Power in Bellingham, with two underground storage tanks holding gasoline and diesel fuel on site. In 1991, both USTs were removed along with approximately 50 cubic yards of petroleum-contaminated soil. The cleanup project extended over two decades, concluding in 2012 when the Washington Department of Ecology issued a No Further Action determination confirming the site met Method A cleanup levels for both soil and groundwater. 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 substation originated from underground fuel storage tanks that were in service well before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. More than twenty years of documented remediation activity — tank removal, soil excavation, and the investigation and monitoring required to achieve a No Further Action determination — represent cleanup expenditures that historical carriers who issued CGL policies during the tanks' operational life may be obligated to cover.
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.