This Spokane property housed underground storage tanks with City Building Department permits documenting installations in 1930 and 1943 at 810 W. Third Avenue. The tanks had been out of service since well before the 1988 federal UST registration deadline. A 1995 site assessment and a 2011 NFA file review confirmed petroleum contamination in groundwater — non-halogenated organics detected with groundwater encountered at approximately six feet below grade during tank excavation. The site has since received a No Further Action determination. 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.
Underground storage tanks at this property were installed and operated beginning in 1930 — more than five decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The petroleum releases that contaminated groundwater here trace to infrastructure that was in active use throughout that pre-1986 policy era. Historical carriers who issued CGL policies covering those decades of tank operations may still bear obligations for the remediation costs incurred at this site.
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.