This property has a documented history as a industrial and manufacturing facility going back to 1970. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This property in Maltby, Snohomish County operated as a drum storage depot from 1970 to 1972, with records additionally indicating use as a drum reconditioning operation during that same period. Soil contamination in the form of petroleum hydrocarbons (TPH Gasoline) was identified at the site and attributed to those industrial activities. Remediation under the Standard Cleanup program included scraping and stockpiling of topsoil from the affected area, and the site has since reached 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 drum storage and reconditioning operations responsible for TPH Gasoline contamination here ran entirely from 1970 to 1972 — more than a decade before 1986, when occurrence-based Commercial General Liability policies were still written without effective pollution exclusions. Carriers who issued CGL policies to the site's operators during that operational window may retain obligations tied to the contamination that originated then. The investigative work and soil management activities that ultimately led to NFA status represent cleanup costs potentially recoverable from those historical policies.
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.
