Superior Asphalt constructed its first asphalt plant at this Yakima property prior to 1968, using diesel as a heat source in asphalt production. The plant operated seasonally — approximately March through November — for roughly 30 years until ceasing production in 1997. Petroleum-diesel contamination has been identified in groundwater, surface water, and air at the site. The property has been addressed through Ecology's Standard Cleanup program, with a 2018 Periodic Review documenting site history and conditions, and the site now carries a No Further Action status. 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.
Asphalt production at this facility began nearly two decades before 1986, when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. The diesel-fueled operations that ran from prior to 1968 through 1997 are the source of the petroleum contamination now documented in groundwater, surface water, and air — a release profile rooted in decades of pre-1986 industrial activity. Historical carriers who wrote CGL policies covering this facility during that operational window may bear obligation for the remediation costs incurred to bring the site to its current 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.