This property has a documented history as a bulk fuel distribution terminal predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property operated as a bulk petroleum storage or distribution facility prior to the City of Kirkland purchasing it in 1992 and converting it to David E. Brink Park. During park construction excavation in September 2021, a contractor encountered a diesel fuel odor and uncovered a preexisting buried foundation alongside high concentrations of diesel, oil, gasoline, polycyclic aromatic hydrocarbons (PAHs), metals, and PCBs. Cleanup has commenced under the Voluntary Cleanup Program, involving over-excavation of contaminated soil, removal of a concrete pile cap, and planned installation of a Geosynthetic Clay Liner and bentonite dam, with operations and monitoring to continue until MTCA cleanup standards are achieved. 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 contamination profile at this site — particularly the detection of Aroclor 1254, a PCB compound banned from U.S. manufacturing in 1979 — constitutes direct physical evidence that the bulk plant operations responsible for the release predate 1986 by years or decades. Occurrence-based Commercial General Liability policies issued to operators during that window carried no effective pollution exclusion in Washington and remain legally enforceable today. The documented cleanup expenditures — soil excavation, structural pile cap removal, liner installation, and long-term monitoring — represent costs that historical carriers may be obligated both to recover and to fund going forward.
Restorical's role is to locate viable historical policies, determine whether a successful coverage claim is possible, and assist our clients and their legal counsel to obtain insurance coverage. Restorical then manages the claim, including accounting, to ensure the cleanup is funded in a timely manner.
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.
