This property operated as a fueling station beginning in 1964, when six underground storage tanks were installed to support retail petroleum sales. In 1991, all six USTs were removed along with approximately 280 cubic yards of petroleum-contaminated soil. Subsequent subsurface investigations and soil gas sampling in 2021 and 2023, followed by extensive groundwater monitoring from 2023 through 2025, confirmed that residual contamination had attenuated to levels supporting a No Further Action determination, with monitoring well decommissioning now recommended. 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 underground storage tanks installed and operated continuously from 1964 — more than two decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with pollution exclusions. The documented remediation costs spanning from the 1991 tank removal and soil excavation through over three decades of investigation, sampling, and groundwater monitoring represent expenditures tied directly to releases from those pre-1986 operations. Historical carriers who wrote CGL policies covering this fueling station during its early operational years may still be obligated to reimburse 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.