This property has a documented history as a public works and maintenance facility going back to 1950. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This property served as a Washington State Department of Transportation maintenance facility developed prior to 1950, with aerial photography from that year confirming structures already in place. Multiple underground storage tanks were installed on site — a 2,000-gallon waste oil tank in 1964, a 2,500-gallon diesel tank in 1967, and two 5,000-gallon diesel and gasoline tanks in 1977. Site investigation revealed trichloroethylene (TCE) contamination in groundwater, with the plume extending off-site into the Illinois Street right-of-way; cleanup under the Voluntary Cleanup Program included excavation and management of 21,884 gallons of contaminated groundwater as hazardous waste in 2023. The site has achieved 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.
Underground storage tanks at this facility were installed in 1964, 1967, and 1977 — each well before 1986, when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion in Washington. The TCE contamination discovered in groundwater beneath and beyond the property is directly traceable to those decades of maintenance operations. Documented remediation expenditures — including excavation and hazardous-waste management of over 21,000 gallons of contaminated groundwater — represent costs that historical carriers who insured the facility during its pre-1986 operational window may still be obligated 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.