This property at Olive Way and Ninth Avenue in Seattle hosted a gasoline service station that operated from 1929 until 1977, when two underground fuel storage tanks were removed from the site. The station was identified as the primary source of contamination, leaving petroleum hydrocarbons and PCE in soils and water-bearing zones to depths of 30 to 35 feet. During property redevelopment between 2007 and 2009, cleanup included extensive soil excavation, removal of 10 cubic yards of PCE-affected material, and extraction of contaminated water-bearing zones, with a contingency fund recommended for any future remediation. The site subsequently received a No Further Action determination under the Voluntary Cleanup Program. 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 gasoline service station at this address was operating for decades before 1986 — with documented origins in 1929 and underground storage tanks installed in 1965 — spanning the entire era when occurrence-based Commercial General Liability policies were the industry standard and lacked effective pollution exclusions. The contamination that drove decades of remediation effort, including deep excavation to 35 feet and removal of petroleum- and PCE-affected soils and groundwater, traces directly to releases from those pre-1986 operations. Historical carriers whose CGL policies were in force during the station's long operational window may still bear an obligation to fund the documented 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.