This property operated as the K&L Distributors petroleum distribution facility, with underground storage tanks serving a bulk plant operation in Bellevue. A UST decommissioning assessment and site characterization completed in October 1998 confirmed that petroleum hydrocarbons had been released into both soil and groundwater at the property. The site entered the Voluntary Cleanup Program and received a No Further Action determination from Ecology in December 1998. 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 petroleum contamination at this facility originated from underground storage tanks that served a bulk distribution operation predating 1986 — the year occurrence-based CGL policies ceased reliably covering pollution claims in Washington. Remediation expenditures incurred to decommission the USTs, characterize the release, and bring the site to a No Further Action standard were driven by contamination tied directly to those earlier operations. Historical carriers who issued CGL policies while the facility's tanks were in active use may remain obligated to recover those documented cleanup costs.
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.