This property served as a vehicle fleet service center for Washington Water Power — later Avista Corp — beginning in 1955. Contamination including polycyclic aromatic hydrocarbons (PAHs) and petroleum hydrocarbons was discovered in groundwater in 1994 during the replacement of a hydraulic lift. The site underwent remediation under Washington's Voluntary Cleanup Program, and a Remedial Action Report was completed in 2019, culminating in 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.
Vehicle fleet servicing operations at this facility began more than three decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The petroleum and PAH contamination discovered in groundwater originated from those decades of pre-1986 fleet maintenance — hydraulic equipment use, fuel handling, and related shop activities conducted under policies that remain enforceable today. Historical carriers who underwrote CGL coverage during the 1955-to-1986 operational window may still be obligated to recover the remediation costs incurred to bring the site to its 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.