This property operated as a Unocal gas station with underground storage tanks in service since at least 1967, when three former USTs were removed and replaced. Those replacement tanks were themselves removed in 1991, and a release was reported to Ecology in February of that year. Site investigations confirmed groundwater contamination — petroleum hydrocarbons (TPH) and BTEX at concentrations above MTCA Method A cleanup levels, along with lead exceeding the same standard across all sampled wells. Groundwater monitoring continued through April 1992, when all wells showed contaminant levels below MTCA Method A, and the site 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.
Underground storage tanks at this Unocal station were installed and operating by 1967 — nearly two decades before the 1986 shift away from occurrence-based Commercial General Liability coverage. The petroleum and lead contamination discovered in groundwater here originated from releases tied directly to those pre-1986 fueling operations. The remediation expenditures incurred to reach cleanup — tank removals, site investigation, and years of groundwater monitoring — represent costs that historical CGL carriers who provided coverage during the 1967-and-forward operational window may still be obligated to reimburse.
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.