This property has a documented history as a auto body / repair shop predating 1986. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
Cummins Engine Company operated a heavy-equipment maintenance and repair facility at this Longview property, where diesel engines and truck parts were steam-cleaned in an outdoor bay area prior to the 1970s; those operations moved indoors in the mid-1970s and floor drains were rerouted in the late 1970s. The site included a used oil/waste oil underground storage tank and an oil/water separator. Through the Voluntary Cleanup Program, remediation encompassed removal of the underground storage tank, excavation and on-site aeration of approximately 166 cubic yards of petroleum-contaminated soil, and groundwater treatment via absorbent pads and natural attenuation — spanning 23 years from initial reporting to 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 contamination at this site traces to steam-cleaning and used-oil handling operations that were underway at least a decade before 1986, firmly within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. A 23-year remediation record — encompassing tank removal, soil excavation, and multi-year groundwater treatment — documents substantial cleanup expenditures tied directly to those pre-1986 activities. Historical carriers who issued CGL coverage to Cummins Engine Company during that operational window may remain 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.
