Two underground storage tanks containing gasoline were discovered during construction as this Anacortes property was being redeveloped into an auto dealership extension. The tanks were removed in 1992, along with overexcavation of approximately 70 cubic yards of petroleum-contaminated soil, which was landfarmed on-site. Groundwater was encountered during excavation but was not assessed or treated. The site has since received a No Further Action determination. 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 underground storage tanks found at this property stored gasoline in support of dealership operations that predate 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. The documented remediation costs — tank removal, soil excavation, and on-site landfarming — arose from petroleum releases tied to those historical operations. CGL carriers on the risk during the years the tanks were in service may still be obligated to cover those cleanup expenditures.
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.