This property operated as a fuel storage and dispensing facility with five underground storage tanks — four for gasoline and one for diesel. In 1989, all five USTs were removed along with petroleum-contaminated soil, which was excavated and disposed of off site. The independent cleanup action spanned more than twenty years, from the initial release notification in July 1989 through the No Further Action determination in 2012, ultimately meeting Method A cleanup levels for both soil and groundwater. 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 were the industry standard and carried no effective pollution exclusion in Washington. Over two decades of documented cleanup expenditures — tank removals, contaminated-soil excavation, and long-term monitoring to achieve regulatory closure — were incurred to address releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies during the period those tanks were in use may still be obligated to recover those remediation 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.