This property has a documented history as a public works and maintenance facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This property served as a Whatcom County government facility comprising administrative offices for the County Engineering department and equipment and vehicle storage for Search and Rescue operations. Three underground storage tanks — one at the Northwest Annex and two at the Search and Rescue facility — were removed in 1999 after hydrocarbon contamination was discovered. Cleanup under the Voluntary Cleanup Program ran from 1999 through 2003 and included contaminated soil excavation, quarterly groundwater monitoring across multiple wells, and remedial actions addressing both hydrocarbon and metal contamination. 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.
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 hydrocarbon contamination at this property originated from leaking underground storage tanks that predate 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The four-year remediation effort — tank removals, soil excavation, groundwater monitoring, and site characterization — generated documented cleanup expenditures tied directly to releases from those pre-1986 operations. Historical carriers who provided CGL coverage to the county during the period the tanks were in service 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.
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.
