This property was formerly occupied by Del's Farm Supply, which included a gasoline service station with underground storage tanks, a heating oil plant with aboveground storage tanks, and lumber mill operations. Remediation activities included the removal of a 1,220-gallon heating oil UST in 2004 and a 300-gallon gasoline UST during remedial excavation, with petroleum hydrocarbons — diesel, gasoline, and other petroleum constituents — confirmed in groundwater. The site achieved No Further Action status under the Voluntary 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 at this property were consistent with installation well before 1986, when occurrence-based Commercial General Liability policies routinely covered pollution releases without exclusion. Petroleum contamination in groundwater from those tanks — diesel, gasoline, and related hydrocarbons — reflects the kind of gradual release those policies were designed to address. The remediation expenditures incurred to reach No Further Action status, including tank removals and soil excavation, represent costs that historical CGL carriers may still be obligated to recover.
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.