The Red Carpet Motor Inn property included an 1,100-gallon heating oil underground storage tank assumed to have been installed in the 1950s to fuel the inn's east guestroom wing heating system. The UST was removed in 2002, recovering 25 gallons of fuel oil and associated tank cleaning residues; diesel-range hydrocarbons were identified in surrounding soil. Residual contaminated soil remains capped beneath impermeable asphalt and concrete, and a Restrictive Covenant recorded in 2006 under the Voluntary Cleanup Program governs ongoing monitoring, maintenance, and periodic review of the site. 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 heating oil release at this property traces to a UST installed roughly three decades before 1986, during the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation expenditures — tank removal, fuel recovery, residue disposal, engineered capping, and the long-term institutional controls now governing the property — are costs tied directly to that pre-1986 infrastructure. Historical carriers who issued CGL policies covering the motor inn during the tank's operational life may still be obligated to reimburse 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.