This property operated as a BP service station at 15119 Pacific Avenue in Spanaway, featuring service bays with hydraulic hoists and a 1,000-gallon waste oil underground storage tank. Cleanup under the Voluntary Cleanup Program included removal of three hydraulic hoists, the waste oil UST, and excavation of petroleum-impacted soil for off-site treatment and recycling. Groundwater monitoring conducted from 1994 through 1996 and again from 2009 through 2010 confirmed cleanup effectiveness, and 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.
Lead contamination detected in both soil and groundwater at this site as early as 1993 points to the historical use of leaded gasoline — a product largely phased out before 1986 — establishing that the contamination-causing operations predate the shift away from occurrence-based CGL policies. The documented remediation expenditures — UST removal, soil excavation, off-site treatment, and years of groundwater monitoring — represent cleanup costs tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies during the leaded-gasoline era may still be obligated to cover those 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.