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 Everett property operated as a petroleum bulk plant, previously known as Johnston Petroleum Products. Two underground storage tanks — a 5,000-gallon gasoline tank and a 2,000-gallon diesel tank — were removed in April 1991, at which time petroleum-contaminated soil was first encountered at the site. Subsequent investigation identified petroleum hydrocarbons including gasoline, diesel, benzene, and polycyclic aromatic hydrocarbons in groundwater. The site completed cleanup under Ecology's standard program and received No Further Action status in November 2022. 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 removed from this property in 1991 were almost certainly installed well before 1986, consistent with the site's long-standing petroleum bulk plant operations under the Johnston Petroleum Products name. Occurrence-based Commercial General Liability policies issued during that pre-1986 operational window carried no effective pollution exclusion in Washington. The gasoline, diesel, benzene, and PAH contamination documented in groundwater here traces directly to releases from those pre-1986 tank operations, and the historical carriers who provided CGL coverage during that period may bear obligation for the remediation costs incurred through the site's path to No Further Action.
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.