This property has a documented history as a public works and maintenance facility going back to 1960. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
Snohomish County acquired this property in the 1930s and by the 1960s the site was in active use for county vehicle maintenance, fueling, sign manufacturing, and an engineering laboratory, with two 10,000-gallon underground storage tanks in service. Contamination from past operational practices was identified in 1991, triggering a Voluntary Cleanup Program response that included excavation and disposal of 3,293 tons of impacted soil, removal of both USTs, and installation of a soil vapor extraction system that operated from 1993 through 2010. Multi-year groundwater monitoring and soil sampling continued through 2013, and the site has since 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 contamination here originated from fueling and chemical storage operations that began in the 1960s — more than two decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The two 10,000-gallon USTs and associated operational practices that drove more than a decade of active remediation were installed and in use during that pre-1986 policy window. Historical carriers who issued CGL coverage to Snohomish County or its contractors during those years may remain obligated for the soil excavation, vapor extraction, groundwater treatment, and long-term monitoring costs the county has already incurred.
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.
