A 7-Eleven convenience store was constructed on this property in 1975, and three 12,000-gallon single-wall fiberglass gasoline underground storage tanks with two fuel dispensers were installed in October 1984. Petroleum releases from the USTs contaminated groundwater with benzene and gasoline-range hydrocarbons. The tanks were subsequently removed, remediation was carried out under the Voluntary Cleanup Program, and Ecology issued a No Further Action opinion for the site in 2023. 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.
Gasoline storage and dispensing at this property began in 1984, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. The benzene and petroleum contamination found in groundwater traces directly to those underground storage tanks, which were installed and operated during the pre-1986 policy window. The remediation costs incurred to address the release — tank removal, site investigation, and cleanup through the Voluntary Cleanup Program — represent expenditures that historical carriers who covered the 7-Eleven operation may be obligated to recover.
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.