This property operated as a retail gasoline service station with automobile service and repair from 1967 through 2004, dispensing fuel — including leaded gasoline — from underground storage tanks. Cleanup under the Voluntary Cleanup Program spanned 1992 to 2014 and included removal of 2,400 cubic yards of impacted soil in 1992, additional excavations totaling over 1,700 tons in 2004–2005, soil vapor extraction systems that recovered approximately 700 pounds of hydrocarbons between 1996 and 1998, and full aboveground decommissioning of five fuel dispensers, the three-bay service station, and the dispenser island canopy. 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 releases at this site originated from underground storage tanks installed and operated as early as 1967 — nearly two decades before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. Over twenty years of documented remediation expenditures — large-scale soil excavation, vapor extraction, tank removal, and site decommissioning — were incurred to address contamination directly traceable to those pre-1986 fueling operations. Historical carriers who issued CGL policies during the 1967–1986 operational window 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.