This property operated three underground storage tanks — a 2,000-gallon gasoline tank, a 500-gallon diesel tank, and a 500-gallon kerosene tank — from 1974 to 1984. The USTs were removed in October 1998, and subsequent site investigations under the Voluntary Cleanup Program detected petroleum hydrocarbons (TPH-G, TPH-D, TPH-O) above MTCA Method A cleanup levels in groundwater monitoring wells. The site has since received a No Further Action determination, with a Second Periodic Review completed in July 2022. 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.
Petroleum contamination at this property originated from underground storage tanks that operated for a full decade before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The documented cleanup expenditures — UST removal, site investigation, groundwater monitoring, and remediation to achieve No Further Action status — were incurred to address releases tied directly to those pre-1986 operations. Historical carriers who issued CGL policies covering the 1974–1984 operational window may still be obligated to recover those 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.