This property has a documented history as a property with a heating oil tank predating 1986. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This property operated as auto sales and repair businesses until 1981, housing an 1,800-gallon heating oil underground storage tank (UST), a 50-gallon hydraulic fluid UST, a hydraulic hoist, and an above-ground heating fuel tank that remained in service until 1986. Redevelopment in 2021 triggered removal of the heating oil UST and excavation of approximately 16,111 tons of petroleum-contaminated soil, along with recovery of perched shallow groundwater. Earlier remediation had addressed the hydraulic fluid UST and hoist, disposal of sump liquids and sludge, and asbestos abatement covering 230 linear feet of pipe insulation. Ecology issued a No Further Action determination upon completion of those remedial activities. 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 contamination at this site originated from heating oil and hydraulic fluid storage systems installed and actively used during auto sales and repair operations that ended in 1981 — years before pollution exclusions became standard in Commercial General Liability policies. The above-ground heating fuel tank remained operational through 1986, placing this site's contamination sources squarely within the occurrence window of pre-1986 CGL policies. The documented remediation costs here — removal of over 16,000 tons of impacted soil, multiple tank extractions, groundwater removal, and asbestos abatement — represent expenditures that historical carriers whose policies were in force during those operations 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
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.
