This property has operated as a bulk fuel plant since 1921, with documented operational milestones including construction of a maintenance building in 1940, replacement of loading racks in 1950, and construction of an office in 1964. Petroleum contamination — benzene, diesel-range, and gasoline-range hydrocarbons — was identified in groundwater beneath the site. The site entered Washington's Voluntary Cleanup Program and has since received a No Further Action determination, with a Proposed Removal from the Hazardous Sites List issued in June 2020. 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.
Bulk fuel storage and distribution at this site began in 1921, more than six decades before the 1986 shift away from occurrence-based Commercial General Liability policies. The petroleum contamination found in groundwater here — benzene and fuel-range hydrocarbons — traces directly to those decades of fuel handling predating 1986. Historical carriers who issued CGL policies during that extensive operational window may still be obligated to cover the cleanup expenditures incurred to bring this 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.