This property served as the Washington National Guard Organizational Maintenance Shop (OMS-3), with two underground storage tanks — a 650-gallon gasoline UST and a 3,000-gallon diesel UST — supporting vehicle fueling operations. Cleanup between 1995 and 1996 included removal of both tanks and excavation of approximately 250 cubic yards of petroleum-impacted soil, which was disposed of off-site. A groundwater monitoring well installed in 1997 confirmed conditions had stabilized, and the site received a No Further Action determination in 2012. The facility remains an active National Guard maintenance shop. 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 originated from underground storage tanks that were in service well before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. More than fifteen years of documented remediation expenditures — tank removals, soil excavation, dewatering, off-site disposal, and long-term groundwater monitoring — were incurred to address releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies during the tanks' operational window 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.