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 Seattle property served as a bulk petroleum storage facility operated by Union Pacific Railroad, with at least one 10,000-gallon diesel underground storage tank that had already been abandoned prior to the 1993–1994 investigation. Soil remediation — primarily excavation to address petroleum-stained soils contaminated with total petroleum hydrocarbons (TPH) and ink — was completed, along with collection and disposal of investigation-related waste including soil cuttings, decontamination water, and purge water. A $1,000 fee was paid to Ecology for review of the remedial action reports, and the site has since reached No Further Action status. 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 at this property originated from a large underground storage tank that was already decommissioned by the time investigators arrived in 1993, placing its active operational period well before 1986. Occurrence-based Commercial General Liability policies issued to Union Pacific Railroad during that pre-1986 window carried no effective pollution exclusion, leaving historical carriers potentially liable for the documented excavation and remediation costs. The TPH contamination tied to this bulk diesel operation — and the remedial expenditures required to resolve it — represent precisely the category of environmental liability those historical policies were written to cover.
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.
