This property has a documented history as a industrial and manufacturing facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property was formerly occupied by a drywall business that operated a 500-gallon above-ground diesel tank along the south fence line, identified as the source of petroleum contamination in the surrounding soil. Cleanup activities spanning 2008 to 2011 included the excavation and removal of approximately 128.35 tons of petroleum-contaminated soil in 2009, the installation of three groundwater monitoring wells in 2010, four consecutive quarters of groundwater sampling with purge water recycling, soil sampling from an adjacent drainage ditch, and a Terrestrial Ecological Evaluation. The site proceeded through the regulatory closure process under the Voluntary Cleanup Program. 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 contamination here originated from a tank installed and operated during the former drywall business occupancy — a period that, based on the tank's documented service life and the contamination first confirmed by 2007, predates 1986. Occurrence-based Commercial General Liability policies issued to operators before 1986 carried no effective pollution exclusion in Washington and remain potentially enforceable against historical carriers. The documented remediation costs — soil excavation, groundwater monitoring infrastructure, ecological evaluation, and multi-quarter sampling — are expenditures tied directly to that pre-1986 operational period that historical 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.
