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 Station 1 for Pierce County Fire District 21, with underground storage tanks for diesel, gasoline, and heating oil fueling the district's operations. Remediation under the Voluntary Cleanup Program included the removal of three USTs totaling 2,100 gallons beginning in 1991, demolition of on-site structures, on-site aeration of contaminated soil from 1993 to 1995, excavation and off-site disposal of 5,829.6 tons of petroleum-contaminated soil from a 9,600-square-foot area in 2007, application of Oxygen Releasing Compound for enhanced biodegradation, and quarterly groundwater monitoring from 2008 through 2013. 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 petroleum contamination at this property — including the presence of total lead in groundwater, a signature of leaded gasoline phased out by the mid-1980s — confirms that the fueling operations responsible for the release were well established before 1986. Occurrence-based CGL policies in force during that pre-1986 window carried no effective pollution exclusion under Washington law and remain enforceable today. More than fifteen years of documented remediation costs — tank removals, structural demolition, nearly six thousand tons of soil disposal, bioremediation, and long-term monitoring — represent expenditures that the historical carriers who covered this fire district may still be obligated to reimburse.
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.
