This property operated as a gasoline service station — the Jackpot Food Mart — with three underground gasoline storage tanks totaling 40,000 gallons and multiple dispenser islands, with facility records suggesting an origination date as early as 1957. Cleanup under the Voluntary Cleanup Program included the likely removal of those tanks and extensive groundwater monitoring conducted over at least four years, from April 2004 through April 2008. The site has received a No Further Action determination from Ecology, and the tanks and dispenser islands are now designated as former infrastructure. 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 gasoline storage tanks that were in place decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The remediation expenditures documented here — probable tank removal and four years of groundwater monitoring under the Voluntary Cleanup Program — were incurred to address releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies during that operational window may still be obligated to cover 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.