Harold Electric Company operated at this Walla Walla property with two underground storage tanks that were removed in October 1990, at which time petroleum-contaminated soil was encountered. A Limited Site Assessment conducted in July 1991 by Chen Northern, Inc. confirmed groundwater contamination, with monitoring wells showing benzene and xylenes at concentrations exceeding cleanup levels. The site entered the Voluntary Cleanup Program and received a No Further Action determination in May 2011. 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 removed from this property in 1990 were very likely installed decades earlier, placing their operational life squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The petroleum contamination discovered in soil and groundwater — benzene and xylenes among the constituents — is directly tied to releases from those long-operating tanks. Historical carriers who issued CGL policies during the tanks' pre-1986 service period may still be obligated to recover the investigation and remediation costs 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.