This property has a documented history as a industrial and manufacturing facility going back to 1984. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
Comet Trailer Corp operated a truck trailer manufacturing business at this Selah property from 1984 through 1995 under the ownership of Bud Owens, with manufacturing activities including sandblasting and painting of trailers and their components. Contamination from diesel fuel and a historical heating oil storage operation was identified in soil and groundwater, triggering a Standard Cleanup. Remediation included the excavation of 5,280 cubic yards of diesel-impacted soil, removal of 3,000 cubic yards of overburden, landfarming of 1,099 cubic yards of petroleum-impacted soil, and multi-year groundwater monitoring that recovered approximately 4 gallons of LNAPL and disposed of over 200 gallons of purge water. The site has reached No Further Action status. 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.
Manufacturing operations at this property began in 1984, placing them squarely within the window when occurrence-based Commercial General Liability policies carried no effective pollution exclusion under Washington law. Forensic analysis of the heating oil product found on-site confirmed it was produced prior to October 1993, supporting the conclusion that at least a portion of the contamination originated during the pre-1986 operating period. The documented cleanup expenditures — more than 8,000 cubic yards of soil excavated or landfarm-treated, LNAPL recovery, and years of groundwater monitoring — represent costs tied to releases that occurred while pre-1986 CGL policies were in force. Historical carriers whose policies covered Comet Trailer Corp during that operational window may still be obligated to contribute to the recovery of those remediation 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.
