A retail gasoline station operated at this property from 1986 to 2006, with underground storage tank infrastructure estimated to have been installed as early as 1981. Cleanup under the Voluntary Cleanup Program ran from 2006 through 2010 and included removal of USTs, product supply lines, dispenser islands, and an oil-water separator, along with excavation of contaminated soil, in-situ chemical oxidant injection, placement of oxygenating media, and quarterly groundwater monitoring. The site has achieved No Further Action status. 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 — gasoline-range hydrocarbons, BTEX, and MTBE — traces to underground storage tank infrastructure that predates 1986, when occurrence-based Commercial General Liability policies were still the industry standard and carried no effective pollution exclusion. The multi-year remediation program that followed — tank and soil removal, chemical oxidation, groundwater treatment, and long-term monitoring — generated documented cleanup expenditures tied directly to releases from that pre-1986 infrastructure. Historical carriers who issued CGL policies during the period those tanks were installed and operating 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.