This property operated as the First Stop Deli and Texaco Service Station, with a fuel system consisting of three 10,000-gallon gasoline underground storage tanks, one 10,000-gallon diesel UST, two pump islands, and associated fiberglass piping. During fuel system upgrades in 1996, gasoline-range contamination was discovered, triggering a release notification and a cleanup effort that ran through 2012. Remediation included excavation of 60–75 cubic yards of contaminated soil, installation of an air sparging and soil vapor extraction system, and multi-year groundwater monitoring, culminating in a No Further Action determination. The property remains in active commercial use as a service station, convenience store, and tire and automotive maintenance facility. 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 contamination at this site — petroleum hydrocarbons and BTEX from underground storage tanks — was discovered during upgrades to a fuel system that had been in place well before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. Sixteen years of documented remediation costs — soil excavation, vapor extraction, air sparging, and long-term groundwater monitoring — were incurred to address releases tied directly to those pre-1986 fueling operations. Historical carriers who wrote CGL policies covering this property during the decades those tanks were in service may still be obligated to reimburse 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.