This property has operated as a fish hatchery since 1980, with a 1,000-gallon single-wall steel underground storage tank powering an emergency diesel generator as part of the original facility infrastructure. Petroleum-diesel contamination was identified in groundwater during UST removal activities in 2014. The site entered the Voluntary Cleanup Program and received a No Further Action opinion from the Washington Department of Ecology in June 2017. 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 Coulter Creek Hatchery's diesel UST was planned in 1978 and installed as part of the facility's original 1980 infrastructure — squarely within the era when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. Investigation and remediation costs incurred to address the petroleum-diesel contamination in groundwater may be recoverable under historical CGL policies issued to the facility's operators during that pre-1986 window.
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.