This property housed a gasoline and diesel fueling operation with underground storage tanks installed in 1964 and used for automotive fueling until their removal in 1989. Cleanup under the Voluntary Cleanup Program included removing both USTs — a 1,000-gallon gasoline tank and an 8,000-gallon diesel tank — along with excavation and off-site disposal of 25 tons of contaminated soil and recovery of 500 gallons of petroleum product. Remaining contamination is managed through site-wide containment, natural attenuation, and a Restrictive Covenant subject to five-year periodic reviews, 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 petroleum contamination at this property traces directly to underground storage tanks installed in 1964 and operated for twenty-five years — well within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation expenditures — tank removals, soil excavation, product recovery, and the institutional controls now governing the property — are costs tied to releases from those pre-1986 fueling operations. Historical carriers who issued CGL policies during that 1964–1986 window may still be obligated to cover those 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.