This property has a documented history as a industrial and manufacturing facility going back to 1956. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This property was first developed as a gravel and asphalting plant in 1956, with operations encompassing asphalt production, vehicle maintenance, and asphalt testing until the plant ceased operations in 1981. Cleanup under the Voluntary Cleanup Program addressed four underground storage tanks removed in 1994, along with 1,100 cubic yards of petroleum-contaminated soil that was excavated, bioremediated, and reused as fill. Trichloroethylene contamination in groundwater was managed through monitored natural attenuation from 1999 to 2022, supported by a restrictive covenant on groundwater use and a well-decommissioning plan; 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 at this property — petroleum hydrocarbons and TCE attributed to asphalt plant operations, vehicle maintenance, and underground storage tanks — originated from industrial activities conducted entirely before 1986, when occurrence-based CGL policies carried no effective pollution exclusion. Four USTs were present by at least the late 1960s, and asphalt plant operations ran from 1956 through 1981, placing the contamination-generating period squarely within the coverage window of those historical policies. The documented remediation trail — UST removal, soil excavation and bioremediation, and more than two decades of groundwater monitoring — represents costs that historical carriers may be obligated to recover.
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.
