This Bellevue property operated as a gasoline service station with three underground storage tanks, carwash wastewater tanks, a hydraulic lift, and an oil/water separator. Cleanup under the Standard Cleanup program included removal of multiple underground storage tanks for gasoline and waste oil, excavation and off-site disposal of approximately 350 cubic yards of petroleum-contaminated soil, and demolition and excavation of wash water tanks, with work occurring across 1990 and 1991. Cleanup work is 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.
The petroleum contamination at this property originated from underground storage tanks that predated 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. The documented remediation costs — tank removals, soil excavation and off-site disposal, and wastewater infrastructure demolition — were incurred to address releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies during the station's operational window may be obligated both to recover those past expenditures and to fund any remaining cleanup obligations.
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.