This property has a documented history as a industrial and manufacturing facility going back to 1950. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This property has operated as a concrete batch plant since the 1950s, with diesel vehicle fueling for the plant's fleet conducted at various locations on the northern portion of the site — an AST shed was constructed in the 1960s and underground storage tanks were removed in 1988. Under the Voluntary Cleanup Program, cleanup activities included the excavation and off-site recycling of 323 tons (approximately 5,500 cubic feet) of TPH-impacted soil and the removal of the AST and former USTs. Groundwater monitoring ran from June 1998 through September 2001 to confirm no further impacts, and the site subsequently 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 petroleum releases at this property originated from diesel fueling infrastructure — storage tanks installed and operated decades before 1986 — making occurrence-based CGL policies issued during that window directly relevant. Pre-1986 policies contained no effective pollution exclusion and remain enforceable against the carriers who issued them during the years these ASTs and USTs were in service. The documented remediation costs here — soil excavation exceeding 323 tons, tank removals, and three years of groundwater monitoring — represent expenditures tied to those historical releases that historical carriers may 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.
