This property operated as a Gull Industries service station with underground storage tanks that were removed in mid-1986. A release was reported in 1989, prompting voluntary cleanup that included excavation of 1,300 cubic yards of contaminated soil in July 1990, off-site solid-phase treatment of 1,000 cubic yards, pumping and disposal of 2,000 gallons of perched groundwater, and installation of a groundwater monitoring well. Ecology issued a No Further Action determination in November 2011, concluding a cleanup effort that spanned more than two decades. 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 property originated from underground storage tanks operated before mid-1986 — squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation expenditures — large-scale soil excavation, groundwater removal, off-site treatment, monitoring well installation, and years of oversight culminating in the 2011 closure — were incurred to address releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies covering the Gull service station during that operational window 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.