This property was first developed as a gasoline station in 1961, and a 7-Eleven store with an upgraded fuel system, canopy, and dispensers was installed in 1977. Cleanup under the Voluntary Cleanup Program included removal of three 12,000-gallon single-wall steel underground storage tanks and groundwater monitoring for petroleum hydrocarbons (TPH-G) and lead, with historical exceedances requiring quarterly monitoring before concentrations reached cleanup levels. The site received a No Further Action determination following completion of monitoring through 2016. 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 and lead contamination at this property originated from underground storage tanks installed as early as 1961 — twenty-five years before occurrence-based Commercial General Liability policies began excluding pollution claims. The documented remediation expenditures — tank removals, long-term groundwater monitoring, and the extended quarterly sampling program needed to demonstrate compliance with cleanup levels — were incurred to address releases tied directly to those pre-1986 fuel operations. Historical carriers who issued CGL policies during the 1961–1977 operational window may still be obligated to recover those 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.