This property was first developed as a fuel supply point in 1924, initially using aboveground storage tanks, and was redeveloped with underground storage tanks in 1939. It operated as a gasoline service station until the mid-1980s. Cleanup under the Standard Cleanup program included demolition of site structures, removal of four underground storage tanks, and excavation of 2,153 tons of contaminated soil in 2005, followed by backfill, installation of a multi-layered cap, and placement of a Restrictive Covenant with ongoing periodic reviews and 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 site originated from fuel storage and dispensing operations that began more than six decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The documented remediation expenditures — tank removals, demolition, excavation of over two thousand tons of soil, engineered capping, and continuing long-term monitoring — were incurred to address releases tied directly to those pre-1986 operations. Historical carriers who issued CGL policies during any portion of the 1924-to-mid-1980s operational window may be obligated both to recover past cleanup costs and to fund the site's ongoing monitoring obligations.
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.