This bulk-plant facility — originally operating under the name Lone Star before becoming Glacier Northwest — was the site of a diesel spill that triggered investigation activity beginning no later than late 1987, with Sweet-Edwards/EMCON producing status reports on the spill in December 1987 and follow-up investigation reports through April 1988. Diesel contamination was confirmed in both soil and groundwater at the property. The site entered the Voluntary Cleanup Program and received a No Further Action determination from Ecology on March 19, 2003. 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 diesel contamination at this facility originated from bulk-plant operations that predate 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. Investigation and remediation activity at this site spanned from at least 1987 through the 2003 No Further Action letter — more than fifteen years of documented environmental work addressing a release tied to those pre-1986 operations. Historical carriers who issued CGL policies during the facility's early operational period may still be obligated to recover the cleanup costs incurred at this property.
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.