This property has operated as a gas station and convenience store at 6540 California Avenue SW in Seattle, with multiple underground storage tanks dispensing unleaded gasoline. Cleanup under the Voluntary Cleanup Program included the removal and replacement of 10,000-gallon, 12,000-gallon, and 4,000-gallon USTs, excavation of approximately 54 cubic yards of contaminated soil across multiple phases, and a 12-month passive aeration remediation of stockpiled soil with confirmatory sampling. The site received a No Further Action determination from the Department of Ecology and continues to operate as a fueling station and convenience store. 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 resulted from historical releases tied to underground storage tanks that were in service well before 1986 — a 10,000-gallon UST removed in 1989 had been in the ground for decades, and contamination was first documented as early as March 1988. Occurrence-based Commercial General Liability policies issued to the operators during that pre-1986 window carried no effective pollution exclusion and remain enforceable in Washington. The documented remediation expenditures — multiple tank removals, soil excavation, year-long aeration treatment, and confirmatory monitoring — represent cleanup costs that historical carriers may still be obligated to cover.
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.