This property has operated as a gasoline service station since 1955, with the Casey's Car Care building constructed in 1956 and used continuously for gasoline sales and car repair. The site housed four underground storage tanks storing regular, midgrade, and premium unleaded gasoline as well as diesel fuel. Cleanup activities spanned from 1997 through 2025 under the Standard Cleanup program, including multiple phases of UST removal, two major soil excavations in 2019 and 2023 that removed a combined 4,593 tons of petroleum-contaminated soil, and in-situ chemical oxidation using 19,759 pounds of Klozur-SP to address residual contamination. The site has received a No Further Action determination. 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 traces to underground storage tanks and fueling operations that began more than three decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. Nearly three decades of documented remediation expenditures — UST removals, thousands of tons of contaminated soil excavated, and large-scale chemical oxidation — were incurred to address releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies during the site's operational window from 1955 onward may still be obligated to recover those cleanup costs.
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.