This property operated as Exxon service station 7-6936 in Lynnwood, Snohomish County, dispensing fuel until the facility closed prior to 1991. Cleanup under the Voluntary Cleanup Program included closure of a dry well, installation of monitoring wells, and long-term groundwater monitoring for petroleum hydrocarbons from 1991 through 2008. 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.
Petroleum contamination at this former service station originated from fueling operations that predate 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Nearly two decades of remedial work — dry well closure, monitoring well installation, and groundwater sampling from 1991 to 2008 — were incurred to address releases tied to those historical operations. The carriers who issued CGL policies during the station's active years may still be obligated to recover those 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.