This property in Seattle's Fairview corridor encompasses two parcels with an extended history of development. The north parcel hosted residential buildings from the 1880s through the 1940s and a warehouse from 1947 to 2014; the south parcel carried residential structures built between 1905 and the 1930s. Two underground storage tanks — a 5,000-gallon diesel tank and a 1,000-gallon gasoline tank — were present on the property, with removal attempted in 1988. Groundwater investigations identified arsenic, lead, other metals, and halogenated organic compounds, all of which have been remediated below cleanup levels under the state's standard cleanup program, and 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.
Warehouse operations at this property date to 1947, and the two underground storage tanks on the site were installed well before 1986 — squarely within the era when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. The contamination addressed here — arsenic, lead, metals, and halogenated organics in groundwater — required investigation and full remediation under Washington's cleanup standards, generating costs tied to operations conducted during that pre-1986 policy window. Historical CGL carriers who covered the property's operators during those decades of warehouse and fuel-storage use may bear obligations for the remediation expenditures incurred.
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.