This property operated as a diesel truck repair facility with an underground storage tank installed in 1985 for used oil storage. Cleanup under the Standard Cleanup program included removal of the 500-gallon UST, excavation of approximately 150 cubic yards of contaminated soil — 120 cubic yards treated on-site for backfill and 30 cubic yards disposed off-site — and upgrades to drainage systems that had been channeling diesel and oil runoff into a detention pond and nearby creek. Some contaminated soil remains along one building foundation wall for future excavation, though groundwater was not affected. The site achieved No Further Action status after an 18-year regulatory process. 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.
Diesel and used-oil contamination at this site traces to operations and infrastructure — including the UST installed in 1985 — that predate the 1986 shift away from occurrence-based Commercial General Liability policies. The documented remediation expenditures, from tank removal and soil excavation to drainage reconstruction, were incurred to address releases tied directly to that pre-1986 operational window. Historical carriers who issued CGL policies covering the facility during that period may still be obligated to recover those cleanup 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.