This property has a documented history as a auto body / repair shop predating 1986. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This property was used for the parking and storage of vehicles and heavy equipment, with petroleum contamination originating from oil dripping from those vehicles and from a heating oil storage shed that was blown over during a windstorm, spilling oil into the ground south of the shop building. Cleanup under the Voluntary Cleanup Program proceeded in three phases — 2001, 2011, and 2012 — consisting of soil excavation and off-site disposal totaling approximately 15 tons of petroleum-contaminated soil. A former underground storage tank was also associated with the property. Washington State Ecology has issued a No Further Action determination following completion of remediation. 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 petroleum releases here resulted from gradual, ongoing vehicle and equipment storage operations — the kind of slow, cumulative contamination that occurrence-based Commercial General Liability policies issued before 1986 were written to cover, absent the effective pollution exclusions that later became standard. A former UST on the property further points to fuel storage activity that likely predates 1986. The documented cleanup expenditures across three excavation phases represent costs that historical carriers who issued CGL policies during the property's operational period may still be obligated to recover.
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
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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.
