This Bellevue property formerly operated as a gasoline service station with underground storage tank systems used for petroleum product handling. Cleanup under the Voluntary Cleanup Program has included UST removal, source removal, and ongoing groundwater monitoring over multiple years. Significant remediation work remains ahead: up to 5,000 cubic yards of soil excavation have been identified, along with a proposed groundwater collection trench, paving for containment, and improved hazardous substance management to prevent re-contamination. 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 originated from underground storage tanks that were removed in 1991 but had been in service for decades prior — well before 1986, when occurrence-based Commercial General Liability policies still covered pollution claims without an effective exclusion. The cleanup costs already incurred through source removal and years of groundwater monitoring, combined with the substantial remediation still planned, represent expenditures that historical carriers may be obligated both to recover and to fund going forward.
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.