This property operated as a gasoline service station from at least 1936 through 1989, with city directories documenting a continuous chain of operators — including Palitzke DM, Fauntleroy Super Service, Jim's Richfield, and Gene's Automotive — across nearly five decades. Six underground storage tanks with capacities up to 5,000 gallons were removed during redevelopment in 1989, two of which were older tanks found rusted through. Petroleum contamination including benzene was identified in soil and groundwater; both media have since been remediated to below cleanup levels under the Voluntary Cleanup Program, 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.
Petroleum releases at this site originated from underground storage tanks installed and operated continuously from before 1940 through 1989 — spanning the entire era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The remediation of benzene and petroleum hydrocarbons across soil and groundwater, the removal of six USTs including two that had corroded through their shells, and decades of documented service station operations all trace to contamination that began well before 1986. Historical carriers who issued CGL policies to the station's successive operators during that window may still bear obligation for the cleanup costs incurred at this property.
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.