This property has operated as a gasoline service station since approximately 1970, when its original underground storage tanks were installed. In 1990, five USTs totaling 24,835 gallons were removed and replaced, and excavation of contaminated soils followed along with stockpiling and aeration of affected material. A soil vapor extraction feasibility study was conducted but detected no contaminants, so a full SVE system was not installed. The cleanup project, conducted under the Voluntary Cleanup Program, spanned from 1990 to 2008 and concluded with a No Further Action determination; the station remains in active commercial operation. 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 site originated from underground storage tanks installed around 1970 — more than fifteen years before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The documented remediation expenditures over an eighteen-year cleanup window — tank removal, soil excavation, aeration, vapor extraction testing, and long-term oversight — were incurred to address releases tied directly to those pre-1986 fueling operations. Historical carriers who wrote CGL policies covering this station during that 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.