This property housed underground storage tanks containing leaded gasoline, with a release first reported to Ecology in 1991. Contamination from leaded gasoline and BTEX compounds was confirmed in both soil and groundwater. Independent cleanup activities were conducted under the Standard Cleanup program over a remediation period spanning approximately twenty years, culminating in a No Further Action determination in 2011. 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 presence of leaded gasoline as the primary contaminant places this site's fuel-storage operations squarely in the pre-1986 era, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Two decades of remediation costs — from the 1991 release notification through the 2011 NFA determination — were incurred to address contamination tied to those historical operations. The CGL carriers on risk during the years the tanks were in service may still bear obligation for the cleanup expenditures that followed.
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.