This property has a documented history as a bulk fuel distribution terminal predating 1986. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This property at 5500 Pacific Avenue in Lacey operated historically as a petroleum distribution facility, with TPH and BTEX contamination attributed to leaking underground storage tanks. Cleanup under the Voluntary Cleanup Program ran from at least 1992 through 1998, encompassing independent remedial actions and soil excavation activities. Ecology updated its Leaking Underground Storage Tank database as part of the regulatory record, and the site received a no-further-action determination for soil contamination at the conclusion of that work. 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 TPH and BTEX contamination at this former bulk plant originated from underground storage tanks associated with petroleum distribution operations that predate 1986, when occurrence-based Commercial General Liability policies were the industry standard and lacked effective pollution exclusions in Washington. The documented remediation record — independent remedial actions, excavation, and multi-year Ecology oversight under the Voluntary Cleanup Program — represents cleanup expenditures tied directly to releases from those pre-1986 operations. Historical carriers who issued CGL policies during the facility's operational period may remain obligated to contribute to the recovery of those 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.
