This property operated as Walt's Radiator, an auto repair shop equipped with underground storage tanks for waste oil and heating oil, floor drains, and an oil/water separator. Three USTs were removed in 1988, and approximately 100 cubic yards of petroleum-contaminated soil were excavated and disposed of off-site in 1995. Following a subsurface investigation and Interim Remedial Action Plan, the site met Method A cleanup levels for both soil and groundwater and received a No Further Action determination in 2012 — closing out a remediation effort that spanned 24 years. 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 property originated from underground storage tanks that were installed and operated well before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Twenty-four years of documented remediation expenditures — tank removals, soil excavation and off-site disposal, subsurface investigation, and interim remedial action — were incurred to address releases tied directly to those pre-1986 auto repair operations. Historical carriers who issued CGL policies during that operational window 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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.