This property operated as a gas station under the Plaid Pantry brand, with underground storage tanks dispensing petroleum products at the Melody Hill Village location in Mountlake Terrace. A release of petroleum hydrocarbons from the USTs into the soil was identified in September 1994, and tetrachloroethylene (TCE) contamination from a dry cleaning business on the same property was also documented. Independent remedial actions were conducted under the Voluntary Cleanup Program, culminating in a Remedial Action and Final Closure report in 1995 and a No Further Action determination from Ecology in 2002. 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 petroleum contamination at this property originated from underground storage tanks that were installed and operated well before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The documented remediation expenditures — UST-related cleanup, soil remediation, and the multi-year path from problem identification in 1994 through final closure — represent costs tied directly to those pre-1986 operations. Historical carriers who issued CGL policies during the period the tanks were in service 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.