This property formerly operated as a gasoline service station, with underground storage tanks for gasoline and heating oil removed in the 1970s when the station was decommissioned. Cleanup under the Voluntary Cleanup Program has included additional UST removal in 1994, excavation and off-site treatment of 53 tons of contaminated soil in 2009, and extensive groundwater investigation and monitoring from at least 2002 through 2023. Further monitoring and remedial actions remain necessary, and cleanup work is ongoing. 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 traces to service station operations that ended in the 1970s — well before 1986, when occurrence-based Commercial General Liability policies were still the industry standard and carried no effective pollution exclusion in Washington. Decades of documented remediation expenditures — tank removals, soil excavation, and more than twenty years of groundwater monitoring — were incurred to address releases tied directly to those pre-1986 operations. Historical carriers who issued CGL policies during the station's operational window may be obligated both to recover those past costs and to fund the remedial work that lies ahead.
Restorical's role is to locate viable historical policies, determine whether a successful coverage claim is possible, and assist our clients and their legal counsel to obtain insurance coverage. Restorical then manages the claim, including accounting, to ensure the cleanup is funded in a timely manner.
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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.