This property has served as an automotive service facility since the late 1920s, with underground storage tanks installed in generations — the most recent set, three gasoline USTs totaling 20,000 gallons of capacity, dating to 1975. Retail gasoline service continued until 2000, when pump dispensers were removed and petroleum contamination was reported. Cleanup under the Voluntary Cleanup Program has included removal of all three USTs and over 1,161 tons of petroleum-impacted soil, treatment of more than 14,143 gallons of contaminated groundwater, operation of a soil vapor extraction and air sparging system from 2009 to 2012, and application of 1,000 pounds of Oxygen Releasing Compound for enhanced natural attenuation. Long-term monitoring and site restoration remain ongoing. 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 tanks that were installed and operated for decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The remediation expenditures documented here — tank removals, large-scale soil excavation, groundwater treatment, vapor extraction, and years of monitoring — trace directly to releases from those pre-1986 operations. Historical carriers who issued CGL policies during the decades this facility dispensed gasoline may be obligated to recover costs already incurred and to fund the cleanup work that continues today.
Restorical's role is to locate viable historical policies, determine whether a successful coverage claim is possible, and assist our clients and their legal counsel to obtain insurance coverage. Restorical then manages the claim, including accounting, to ensure the cleanup is funded in a timely manner.
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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.