This property has a documented history as a bulk fuel distribution terminal predating 1986. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This property operated as an agricultural hay distribution facility with two bare steel underground storage tanks — a 12,000-gallon diesel tank and a 5,000-gallon gasoline tank — that were decommissioned in June 1997. Upon removal, both tanks showed severe corrosion consistent with decades of underground service: the diesel tank had a 1.5-by-1-inch hole in its bottom, with additional holes along the water line caused by electrolysis. Groundwater sampling confirmed petroleum hydrocarbon and BTEX contamination at concentrations far exceeding MTCA Method A cleanup levels, and 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.
Why Historical Insurance Policies May Be Accessible
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 at this property were bare steel units with asphaltic emulsion coating — a construction type and degree of corrosion that indicate installation well before 1986, when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. The petroleum releases from those tanks contaminated groundwater with benzene, diesel-range, and gasoline-range hydrocarbons at levels many times above state cleanup standards, triggering the remediation expenditures documented at the site. Historical carriers who covered the facility during the years those tanks were actively leaking may be obligated to reimburse those 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.
Recovering Costs from an Older Cleanup
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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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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.