A 10,000-gallon heating oil underground storage tank was removed from this elementary school property in April 2011. The tank lacked leak detection, corrosion protection, and secondary containment — features required by federal UST regulations enacted in 1988 — indicating an installation predating those standards. Petroleum products had been released to groundwater; remediation included pumping 6,750 gallons of contaminated groundwater and installing three monitoring wells, with four quarters of compliance monitoring confirming the site met cleanup standards. The site has received a No Further Action determination. 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 heating oil tank at this property was installed and operated years before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The contamination that required remediation — PAHs and petroleum-diesel range hydrocarbons in groundwater — resulted from decades of operation of that pre-1986 infrastructure. The documented cleanup expenditures, from tank removal and groundwater recovery to multi-quarter monitoring, represent costs that historical CGL carriers who insured the facility during its pre-1986 operational period 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.
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.