This property was developed as early as 1920 as a combination automobile service shop and gasoline station, with multiple generations of underground storage tanks used for retail fuel sales over a substantial period. Cleanup activities have included the removal of four USTs and 100 cubic yards of contaminated soil in 1994, followed by excavation and thermal desorption of contaminated soil in 1998 and installation of controlled-density fill as groundwater containment dams. The site entered the Voluntary Cleanup Program in 2015 for continued investigation and monitoring, though the VCP agreement was terminated in 2025 due to inactivity. 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.
Gasoline storage and dispensing operations at this property date to 1920 — more than six decades before occurrence-based CGL policies began excluding pollution claims in 1986. The contamination requiring remediation here originated from those decades of fuel handling under policies that had no effective pollution exclusion in Washington. Documented cleanup expenditures spanning UST removals, soil excavation, thermal treatment, and groundwater containment represent costs that historical carriers who covered this property during its pre-1986 operational window may still be obligated to reimburse and to fund for any remaining remediation.
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.