This property operated as a gasoline service station — known at various times as Dash Point Arco and Unocal 5897 — with underground storage tanks estimated to have been installed around 1967. Cleanup activities ran from 1989 through 2012 under a standard cleanup program, including the removal of four USTs (gasoline, heating oil, and waste oil), associated product lines, dispensers, and two hydraulic hoists. Remediation involved overexcavation of 310 cubic yards of contaminated soil and gravel and pumping and off-site disposal of perched groundwater and rainwater. 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.
Petroleum contamination at this property originated from underground storage tanks and fuel-dispensing infrastructure that were installed and operated roughly two decades before 1986, when occurrence-based Commercial General Liability policies were still the industry standard and carried no effective pollution exclusion. More than twenty years of documented remediation — tank and hoist removals, soil excavation, groundwater recovery — were required to address releases tied directly to those pre-1986 operations. Historical carriers who issued CGL policies during the facility's operating 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.