This property operated as Texaco Service Station #63-076-0056 at 310 Lakeway Drive in Bellingham. A release of gasoline and diesel oil contaminated soil and groundwater at the site, placing it on Ecology's Leaking Underground Storage Tank database. An independent remedial action was conducted under the Voluntary Cleanup Program, culminating in a Remedial Activity Report and a No Further Action determination from the Department of Ecology. 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 gasoline and diesel contamination at this site originated from underground storage tank operations characteristic of long-established service stations predating 1986, when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion in Washington. The documented remediation costs — investigation, cleanup, and the regulatory process leading to the No Further Action determination — were incurred to address releases tied to those historical operations. CGL carriers who provided coverage during the period of tank operations may still be obligated to recover those cleanup expenditures.
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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.