This property operated as a grocery and fuel-dispensing station with three underground storage tanks at the Long Lake Grocery site in Port Orchard. In 1996, all three USTs were removed and approximately 70 cubic yards of petroleum-contaminated soil were excavated; 900 gallons of affected groundwater were pumped and treated with activated carbon. The excavated soil underwent bioremediation, and confirmed cleanup led to a No Further Action determination by 1998. 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 site originated from underground storage tanks that were in service well before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation expenditures — tank removal, soil excavation, groundwater recovery and treatment, and bioremediation — were incurred to address releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies while those tanks were in active use 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.