This property operated as a Chevron gasoline service station with three underground storage tanks used for fuel dispensing. When the car wash was demolished and the site decommissioned in 1991, the USTs were removed and a petroleum release was identified, prompting excavation of approximately 300 cubic yards of contaminated soil, which was treated on-site. The cleanup lifecycle spanned 21 years, from the initial release notification in 1991 through the 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.
The underground storage tanks at this property were installed around 1966 — two decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with pollution exclusions. Petroleum contamination from those tanks drove more than twenty years of documented remediation activity, including tank removal, soil excavation, and on-site treatment. Historical carriers who issued CGL policies during the pre-1986 operational window 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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.