This property has a documented history as a gasoline service station predating 1986. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This property formerly operated as a truck maintenance facility with five petroleum fuel underground storage tanks — three diesel, two gasoline, and one waste oil — along with associated fuel dispensers. Cleanup under the Voluntary Cleanup Program included removal of all five USTs in 1991, excavation of 3,750 cubic yards of soil in 1992, and removal of an additional 5,285 tons of petroleum-contaminated soil in 2006. A groundwater monitoring program initiated in 2013 involved four monitoring wells and regular sampling for petroleum hydrocarbons. 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 originated from underground storage tanks that were in operation well before 1986, during the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. More than fifteen years of documented remediation expenditures — UST removals, large-scale soil excavations totaling thousands of tons, and a multi-year groundwater monitoring program — were incurred to address releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies while those tanks were in service may still be obligated to recover those cleanup 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.
