This property has a documented history as a industrial and manufacturing facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
C. Martin Trucking operated a commercial fleet at this Lynnwood property, relying on underground storage tanks to fuel and maintain its vehicles. A release of diesel (TPH-D) and heavy oil (TPH-O) from those tanks contaminated the soil, prompting independent remedial actions — including UST removals — carried out between 1991 and 1997. Following the completion of those remediation activities, Ecology issued a no further action determination for the site. 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 diesel and heavy oil contamination here originated from underground storage tanks that C. Martin Trucking used specifically to fuel its commercial fleet — infrastructure that, given a 1991 investigation date and typical UST operating lifespans, was in the ground well before 1986. Six years of documented remediation, from tank removal through soil cleanup sufficient to close the site, represent real expenditures tied directly to those pre-1986 fueling operations. Historical carriers who wrote CGL policies covering C. Martin Trucking during that operational window may still be obligated to recover those 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.
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.
