This property has a documented history as a farm and agricultural operation going back to 1956. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property served as a maintenance shop area for the Auvil Fruit Company, with underground storage tanks used for fueling farm vehicles installed as early as 1956. Three 5,000-gallon USTs were excavated and removed after leaks contaminated surrounding soil; approximately 450 cubic yards of impacted soil were excavated and stockpiled on-site for future remediation, with the excavation backfilled with clean gravel. Cleanup work is ongoing under the Standard Cleanup program. 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.
Petroleum contamination at this property originated from underground storage tanks installed in 1956 and 1983 — decades before the 1986 shift away from occurrence-based Commercial General Liability policies that carried no effective pollution exclusion. The documented remediation costs to date — tank removal, large-scale soil excavation, stockpiling, and backfill — along with the future remediation still required for the stockpiled soil, represent expenditures that historical carriers who issued CGL policies during the pre-1986 operational window may be obligated both to recover and to fund going forward.
Restorical's role is to locate viable historical policies, determine whether a successful coverage claim is possible, and assist our clients and their legal counsel to obtain insurance coverage. Restorical then manages the claim, including accounting, to ensure the cleanup is funded in a timely manner.
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
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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.
