This property operated as a gasoline station with three underground storage tanks inferred to have been installed around 1967. In 1992, all three USTs were removed and approximately 1,000 cubic yards of petroleum-contaminated soil was excavated and landfarmed; water in the pump island excavation was also found to be contaminated. The cleanup process spanned 20 years from the initial 1992 tank removal through a No Further Action determination in 2012. 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.
The petroleum contamination at this site originated from underground storage tanks that were in service for roughly 25 years before their removal — placing their installation and the onset of potential releases squarely within the era of occurrence-based Commercial General Liability policies that carried no effective pollution exclusion. Two decades of documented remediation expenditures, from UST removal and large-scale soil excavation to the monitoring required to reach No Further Action status, represent costs that historical carriers who issued CGL policies during the tanks' operational life 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.
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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.