This property hosted two gasoline service stations from 1943 through 1987, with three underground storage tanks and associated piping systems dispensing fuel over that period. A Phase II investigation beginning in 2003 confirmed petroleum hydrocarbon contamination from gasoline releases tied to those former USTs. Cleanup under the Voluntary Cleanup Program included excavation of impacted soil, removal and disposal of three 500-gallon USTs, and natural attenuation for groundwater remediation, culminating in a No Further Action determination in 2009. 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.
Gasoline service operations at this site began more than four decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. The contamination discovered here — petroleum hydrocarbons from underground storage tanks and piping installed during that pre-1986 window — is precisely the kind of gradual release those policies were written to cover. The documented remediation expenditures from 2003 through 2009, including tank removal, soil excavation, and long-term groundwater monitoring, represent costs that historical carriers who insured the station operators may still be obligated to reimburse.
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.