This property has operated as a retail fueling station since its construction in 1983, dispensing diesel and unleaded gasoline — and previously storing leaded gasoline in an underground storage tank. Cleanup under the Voluntary Cleanup Program ran from 2010 through 2017 and beyond, including the removal of three underground storage tanks, excavation of 602 tons of contaminated soil, dewatering of 7,300 gallons of petroleum-affected groundwater, and multiple phases of enhanced bioremediation involving microbial solutions, nutrients, and hydrogen peroxide injected into bioapplication wells and trenches. The site has received a No Further Action determination and remains in active commercial use as a Valero-branded fueling station. 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.
Petroleum contamination at this site originated from fueling operations that began in 1983 — three years before occurrence-based Commercial General Liability policies stopped reliably covering pollution claims in Washington. The presence of leaded gasoline in the tank inventory independently confirms pre-1986 operations. Years of documented remediation expenditures — tank removals, large-scale soil excavation, groundwater recovery, and sustained bioremediation — represent cleanup costs that historical carriers who issued CGL policies during that 1983–1986 window may still be obligated to cover.
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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.