The Bethel Station Shopping Center in Spanaway housed multiple commercial tenants, including an auto service facility that discharged floor wash water from oil-changing stations into the property's septic system. Benzene was detected above Ecology's Method A soil cleanup levels in the septic drain field, prompting cleanup under the Voluntary Cleanup Program. Remediation included excavation and removal of approximately 42 tons of benzene-contaminated soil, and 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.
The benzene contamination at this property originated from routine auto-service discharges into a septic system installed circa 1986, placing the onset of contamination squarely within the window when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion in Washington. The documented remediation costs — soil excavation, contaminated-material disposal, and regulatory oversight through the Voluntary Cleanup Program — are the type of cleanup expenditures that historical CGL carriers may be obligated to reimburse under policies in effect when the contaminating discharges began.
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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.