This property housed fuel dispensing operations with an underground storage tank that may date to the early 1900s, based on the age of the petroleum-contaminated soil discovered during a building demolition excavation in 1997. Cleanup under an independent remediation included removal of the abandoned UST, off-site disposal of approximately 28 tons of petroleum-contaminated soil, and assessment of groundwater found to contain elevated levels of gasoline-range hydrocarbons and BTEX. 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 tank operations that predate 1986 by decades — the contaminated soil was assessed as dating to the early 1900s. Occurrence-based Commercial General Liability policies issued during that long operational window carried no effective pollution exclusion in Washington and remain enforceable today. The remediation expenditures documented here — tank removal, soil excavation and disposal, groundwater assessment — represent costs that historical carriers who covered the property during the contamination period may still be obligated to reimburse.
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.