During construction excavation in 2000 at the Yakima Federal Saving Bank property, workers encountered an abandoned underground storage tank containing petroleum products near the northeast corner of the original bank structure. The discovery triggered a site investigation that confirmed petroleum hydrocarbon, benzene, and lead contamination in groundwater; monitoring wells were installed to track contamination downgradient of remaining petroleum-affected soil. Remediation brought groundwater concentrations below cleanup levels, and the site has since achieved No Further Action status under Washington's Standard Cleanup program. 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 tank at this property had been abandoned and forgotten long before its 2000 discovery — its location beneath the original bank structure indicates it served an earlier era of building operations, consistent with pre-1986 installation. Occurrence-based Commercial General Liability policies in effect during that period of petroleum storage would have covered the type of slow underground release that contaminated soil and groundwater here. The remediation costs incurred to address benzene, petroleum hydrocarbons, and lead in groundwater may be recoverable from the historical carriers whose CGL policies were active when the tank was in use.
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.