This property was occupied by multiple single-family homes from at least 1905 through the mid-1970s, with an apartment building constructed in 1910 and a church built in 1912. Many of the former residences used oil-burning furnaces served by underground heating oil tanks ranging from 250 to 650 gallons. A total of 12 heating oil USTs were decommissioned during a 2012 site redevelopment, with petroleum-impacted groundwater encountered during remedial excavations. The site was enrolled in the Voluntary Cleanup Program and 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.
Residential and commercial structures on this property date to at least 1905, placing more than eight decades of continuous operation squarely within the pre-1986 occurrence-based CGL policy era. Heating oil tanks serving these buildings stored and dispensed petroleum products for the better part of the twentieth century, and the petroleum contamination found in groundwater during their 2012 decommissioning is directly attributable to those long-running operations. Historical CGL carriers who insured the property owners during that pre-1986 window may bear obligation for the investigation and remediation costs incurred to achieve the site's No Further Action status.
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.