Dollar Rent-A-Car occupied this property from 1979 to 1996, operating a retail car rental facility that fueled its fleet from a single-wall steel 10,000-gallon underground storage tank. The UST was removed in 1996, and cleanup under the Voluntary Cleanup Program included the excavation and thermal desorption treatment of over 32,000 tons of petroleum-contaminated soil, installation of monitoring wells, multi-year quarterly groundwater monitoring from 2000 through 2004, and chemical oxidant injection in 2005. The site has achieved No Further Action status, with institutional controls and five-year periodic reviews in place. 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 petroleum contamination at this property originated from a UST that was installed and actively dispensing gasoline from 1979 — well within the period when occurrence-based Commercial General Liability policies had no effective pollution exclusion. Dollar Rent-A-Car's pre-1986 fuel storage and dispensing operations are precisely the activity those policies were written to cover. The documented remediation costs here — excavation and thermal treatment of tens of thousands of tons of impacted soil, groundwater injection and monitoring spanning multiple years — represent expenditures that historical carriers who issued CGL policies during that operational window may be obligated to recover.
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.