This property has operated as a retail gasoline and service station since 1954, with numerous underground storage tanks storing leaded and unleaded gasoline, waste oil, and fuel oil over the decades. Cleanup under the Voluntary Cleanup Program included excavation and removal of approximately 700 cubic yards of contaminated soil in 1990 during UST replacement, additional UST and hydraulic hoist removals in 1964, 1990, and 2003, and installation of a vapor extraction system in 1994 to treat remaining soil contamination. The site received a No Further Action determination and continues to operate as a gas station and convenience store. 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 property originated from underground storage tanks and dispenser islands that were installed and operating for more than three decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The documented remediation expenditures — large-scale soil excavation, multiple rounds of tank removal, and a vapor extraction system — were incurred to address releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies during the site's 1954-through-1986 operational window may still be obligated to recover 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.