This WSDOT road maintenance yard housed a 10,000-gallon underground diesel tank and a 10,000-gallon underground gasoline tank with an associated pump island, all removed in June 1994. Petroleum-diesel contamination was detected in groundwater at the site, and petroleum compounds were identified in soil. The facility remains in active use with replacement underground fuel storage tanks, and the site has received a No Further Action determination under Washington's Standard Cleanup program. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
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 underground storage tanks removed from this property in 1994 were consistent with installations predating 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Petroleum-diesel releases to groundwater tied to those original tanks represent the kind of gradual contamination event those policies were designed to cover. The documented investigation and remediation costs leading to the site's No Further Action status may be recoverable from historical carriers whose CGL policies were in force during the tanks' operational life.
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.
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.
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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.