This property operated as a Consolidated Freightways terminal with a 10,000-gallon steel diesel underground storage tank installed in 1983 and in service until February 1998. Diesel contamination was subsequently identified in both soil and groundwater at the site, prompting investigation and remediation under the Voluntary Cleanup Program. The site has since received a No Further Action determination from the Washington Department of Ecology. 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 diesel UST at this property was installed in 1983, placing the onset of fuel storage operations squarely within the pre-1986 window when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The investigation and cleanup costs incurred to address diesel contamination in soil and groundwater — from tank closure through the Voluntary Cleanup Program — are the type of expenditures that historical CGL carriers who insured the facility during its pre-1986 operational period may be obligated to reimburse.
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.