This property operated as a gas station on the southern half of the site, with underground storage tanks that were decommissioned as early as 1967. Five USTs — including two 5,000-gallon and one 8,000-gallon gasoline tanks plus a waste oil tank from auto maintenance operations — were removed in two stages in 1989 and 2006. Cleanup included excavation and off-site disposal of approximately 15–30 tons of petroleum-contaminated soil to a depth of 11 feet, extensive confirmation sampling in 2006 and 2018, and a final 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 that were already being decommissioned by 1967 — nearly two decades before occurrence-based CGL policies gave way to claims-made forms with pollution exclusions in 1986. The documented remediation costs spanning from 1989 through 2018 — tank removals, soil excavation, confirmation sampling, and professional oversight — were incurred to address releases tied directly to those pre-1986 fueling and auto maintenance operations. Historical carriers who issued CGL policies during the station's operating years 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.