This property operated as a gasoline service station — branded as Exxon and later BP — from approximately 1943, utilizing five underground storage tanks for the retail sale of petroleum products. Cleanup under the Voluntary Cleanup Program included the removal of two underground storage tanks and excavation of approximately 220 cubic yards of petroleum-contaminated soil, installation and operation of a soil vapor extraction system, and extensive groundwater monitoring conducted from 1993 through 2001. The site has received a No Further Action determination from 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.
Petroleum contamination at this property — gasoline constituents including BTEX and lead indicative of leaded-fuel-era operations — originated from underground storage tanks that were in service for roughly five decades before their removal in 1992. Occurrence-based CGL policies issued to the station's operators during that long pre-1986 operational window carried no effective pollution exclusion under Washington law. The documented remediation expenditures — tank removal, large-scale soil excavation, vapor extraction, and nearly a decade of groundwater monitoring — represent costs that historical carriers who covered this site during its fueling operations 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.