This property has a documented history as a industrial and manufacturing facility going back to 1984. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This industrial property historically housed four underground storage tanks used for fuel and waste oil storage and for dispensing fuel to motor vehicles. A 1,000-gallon gasoline UST was installed in 1984 and registered with Ecology in March 1986; evidence of potential leakage was discovered in June 1985 when the tank's filler pipe was damaged. The USTs were closed and decommissioned between 1990 and the early 1990s under the Voluntary Cleanup Program. Groundwater monitoring documented petroleum products, benzene, toluene, ethylbenzene, xylenes, and non-halogenated solvents at the site, with contamination migrating offsite onto the adjacent Boeing property at concentrations above MTCA Method A cleanup levels through at least February 1992. The site has since achieved No Further Action status. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Why Historical Insurance Policies May Be Accessible
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.
Underground storage tanks at this property were installed and operating by 1984 — two years before the 1986 cutoff after which Commercial General Liability policies began excluding pollution claims. Evidence of potential leakage from the gasoline UST emerged as early as June 1985, placing the origin of contamination squarely within the pre-1986 policy window. The documented scope of that contamination — petroleum hydrocarbons, benzene, and solvents in groundwater migrating beyond the property boundary — and the remediation undertaken to reach No Further Action status represent costs that historical CGL carriers may 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.
Recovering Costs from an Older Cleanup
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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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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.