This property has a documented history as a public works and maintenance facility going back to 1971. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
The Alderwood Water District operated an underground fueling facility at this maintenance yard, with tanks installed in 1971 and 1975 holding gasoline — including leaded gasoline — and diesel for district vehicles. Contamination was first investigated and reported in 1994, and cleanup included the removal of three USTs, excavation of approximately 495–500 tons of contaminated soil, pumping and disposal of 4,700 gallons of contaminated groundwater, and recovery of 1,000 gallons of fuel product from the tanks. Multi-year groundwater monitoring with quarterly sampling followed, and the site has since received a No Further Action determination. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Why Historical Insurance Policies May Be Accessible
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 tanks at this site were installed in 1971 and 1975 and dispensed gasoline and diesel for more than two decades before contamination was first identified in 1994 — meaning the releases originated during the very years when occurrence-based CGL policies carried no effective pollution exclusion in Washington. Carriers who issued policies to the district between 1971 and 1986 covered operations while these tanks were new and actively dispensing leaded gasoline. The documented remediation costs — UST removal, nearly 500 tons of soil excavation, groundwater recovery, and years of quarterly monitoring — represent expenditures those historical policies may still be obligated to address.
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.
Recovering Costs from an Older Cleanup
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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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.
