This property at 77 Burnett Avenue South in Renton was affected by diesel-range petroleum hydrocarbon contamination in soil and groundwater, originating from underground storage tanks at the adjacent Lande Feed Company at 95 Burnett Avenue South. Remediation under the Voluntary Cleanup Program included remedial excavation and independent remedial actions conducted over a multi-year period. The site received a No Further Action determination and was removed from the Leaking Underground Storage Tank list in 2006. 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 underground storage tanks responsible for the diesel contamination at this property were associated with agricultural feed operations that predate 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The documented remediation expenditures — excavation, soil and groundwater cleanup, and the multi-year effort required to achieve closure — represent costs that historical carriers who issued CGL policies during the period of UST operations may be obligated to recover.
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.