This property has a documented history as a farm and agricultural operation predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This Yakima County property operated as Highland Fruit Growers, an agricultural fruit-growing operation that stored diesel fuel in an aboveground storage tank (AST) for farm equipment use. A diesel spill from the AST contaminated both soil and groundwater; soil remediation — including removal of diesel-impacted soil and the tank itself — has been completed to regulatory standards under the Voluntary Cleanup Program. Groundwater contamination was not addressed during that phase, and the site's current cleanup obligation includes installation of groundwater monitoring wells and four consecutive quarters of monitoring. 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 diesel releases at this property originated from ongoing operational spills at an AST that, based on its documented removal timeline, was in service before 1986 — the period when occurrence-based Commercial General Liability policies provided broad pollution coverage with no effective exclusion. Agricultural operations routinely carried general liability insurance during that era, and historical carriers whose policies were in force during the tank's pre-1986 operational window may bear obligations tied to this contamination. The cleanup costs already incurred — soil excavation and tank removal — and the groundwater monitoring program still required represent expenditures those 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.
