This property operated as a Chevron service station from 1965 to 1989, with gasoline stored in three single-walled steel underground tanks installed in 1968 and dispensed through two pump islands. Cleanup activities began when five USTs were removed in 1990, followed by excavation and on-site aeration and bioremediation of approximately 1,040 cubic yards of petroleum-contaminated soil. A second excavation in 1994 removed 549 cubic yards (714 tons) of diesel-contaminated soil for off-site disposal. The site received a No Further Action determination in 2012. 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 originated from underground storage tanks installed in 1968 and operated for more than two decades — well within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation costs spanning 1990 through 2012 — tank removals, large-scale soil excavation, on-site bioremediation, off-site disposal, and years of regulatory oversight — represent expenditures directly tied to releases from those pre-1986 operations. Historical carriers who issued CGL policies to the operator during the 1965–1989 service-station 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.