This property operated as a fuel-dispensing facility with four underground storage tanks storing gasoline and diesel, along with dispenser island pumps. Cleanup under the Standard Cleanup program began in 1998 with removal of the dispenser pumps, followed by UST removal in 1999 and excavation and offsite disposal of approximately 300 cubic yards of petroleum-contaminated soil. An abandoned oil/water separator was also discovered during excavation. The site received a 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 removed from this property in 1999 were consistent with installations dating to the mid-1970s, placing the origin of fuel-dispensing operations well before 1986 — the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Over a decade of documented remediation expenditures — tank removals, soil excavation, offsite disposal, and the investigation work leading to the 2012 closure — were incurred to address petroleum releases tied directly to those pre-1986 operations. Historical carriers who issued CGL policies during that operational window may still be obligated to recover those cleanup costs.
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.