This property operated as the Green Funeral Home from the 1920s, with a 500-gallon gasoline underground storage tank on site used to fuel business-related vehicles through 1993. Cleanup under the Voluntary Cleanup Program began in 1993 with UST removal and excavation of 1,260 tons of petroleum-contaminated soil, followed by application of 1,200 pounds of Oxygen Release Compound for in-situ soil and groundwater treatment and post-remedial groundwater monitoring from 2006 through at least 2008. The site has received a No Further Action determination. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
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 an underground storage tank that was installed and operated decades before 1986, during the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The documented remediation expenditures — tank removal, excavation of over 1,200 tons of contaminated soil, in-situ bioremediation, and years of groundwater monitoring — represent cleanup costs tied directly to releases from those pre-1986 operations. Historical carriers who issued CGL policies to the funeral home's operators during that 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.
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.
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.