This property formerly operated as an automobile sales and service facility, with underground storage tanks installed in 1976 to supply gasoline for on-site vehicles and oil for the service bays. In 1993, five USTs were removed and accessible contaminated soil was excavated under the Voluntary Cleanup Program. An estimated 45 cubic yards of petroleum-contaminated soil remains beneath the building, contained by the existing structure and pavement cap, with an environmental covenant requiring ongoing groundwater monitoring and cap inspections every 18 months. The site has received a No Further Action determination. 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 installed in 1976 — a decade before occurrence-based Commercial General Liability policies ceased reliably covering pollution claims. The documented remediation costs — tank removals, soil excavation, long-term groundwater monitoring, and perpetual cap maintenance under an environmental covenant — trace directly to releases from those pre-1986 operations. Historical carriers who issued CGL policies to the dealership's operators during that window may still be obligated to recover 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.