This property has a documented history as a bulk fuel distribution terminal going back to 1940. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This property served as a petroleum bulk storage and distribution facility operated by McKenzie Fuel from approximately 1940 to 1980, with three underground storage tanks — one 6,000-gallon gasoline tank and two 10,000-gallon diesel tanks — installed in 1940. Cleanup under the Voluntary Cleanup Program included removal of those USTs and associated petroleum-impacted soil, removal of a concrete slab, and disposal of over 20,000 gallons of hazardous waste. A $20,000 penalty was assessed for hazardous waste regulation violations. Monitoring wells remain in place with regular sampling, site inspections, and continued closure reporting; 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.
Petroleum contamination at this property originated from bulk fuel storage operations that began in 1940 — more than four decades before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. The documented remediation expenditures — tank removals, soil excavation, hazardous waste disposal, regulatory penalties, and long-term monitoring — trace directly to improper handling and storage during those pre-1986 operations. Historical carriers who issued CGL policies to McKenzie Fuel or subsequent operators during that 40-year window may still be obligated to cover 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
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.
