This property served as a gasoline service station and auto repair shop from the 1940s, with fuel-dispensing operations supported by multiple generations of underground storage tanks — the earliest removed in 1968, implying installation decades prior. Cleanup under the Voluntary Cleanup Program has been extensive and ongoing: excavation of up to 4,900 tons and 380 cubic yards of contaminated soil, operation of soil vapor extraction systems that recovered 2,000 gallons of gasoline-range petroleum hydrocarbons, and groundwater treatment systems that removed 450 gallons of free-phase petroleum product and treated over 1.5 million gallons of groundwater between 1991 and 2006. In-situ chemical and biological injections followed in 2014–2015, and future remediation plans call for large-scale excavation to 24 feet, in-situ chemical oxidation, a sub-slab depressurization system, and continued monitoring. 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 Bellevue property — including weathered leaded gasoline, a direct marker of decades-old fuel operations — traces to underground storage tanks installed and operated well before 1986. Occurrence-based CGL policies written during that pre-1986 window carried no effective pollution exclusion in Washington and remain enforceable today. The remediation expenditures already incurred here across three decades of active cleanup, and the substantial costs still ahead for deep excavation, chemical oxidation, and long-term monitoring, represent obligations the historical carriers may be required both to reimburse and to fund going forward.
Restorical's role is to locate viable historical policies, determine whether a successful coverage claim is possible, and assist our clients and their legal counsel to obtain insurance coverage. Restorical then manages the claim, including accounting, to ensure the cleanup is funded in a timely manner.
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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.