This property has a documented history as a farm and agricultural operation going back to 1890. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This property served as a working farm from the late 1800s through its purchase by the Evergreen School District, with agricultural operations including hay production for dairy cattle dating to at least the 1930s, along with hog and cattle raising and on-site petroleum storage. A 280-gallon diesel underground storage tank was removed in January 2004, and petroleum hydrocarbons from the tank release were confirmed in groundwater samples collected during site investigation. The site entered the Voluntary Cleanup Program and received a No Further Action determination in November 2005. 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.
Petroleum storage at this property was integral to farm operations that ran continuously for decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard. The diesel UST release that contaminated groundwater here originated from infrastructure supporting those long-standing pre-1986 agricultural operations. Historical carriers who issued CGL policies covering the property during that operational window may be obligated to recover the investigation and remediation costs incurred to address the contamination.
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.