This property operated as a ConocoPhillips gasoline service station with underground storage tanks including an unleaded gasoline UST installed in October 1985 and a diesel UST installed in June 1987. The former USTs were decommissioned in 1998, and the site was enrolled in Washington's Voluntary Cleanup Program. Groundwater monitoring conducted between 2009 and 2010 documented benzene contamination; remediation brought groundwater concentrations below cleanup levels, and the site has received a No Further Action determination from Ecology. 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.
The unleaded gasoline UST at this property was installed in October 1985 — months before the January 1986 date after which occurrence-based Commercial General Liability policies began excluding pollution claims. Benzene contamination in groundwater required years of monitoring and remediation through the Voluntary Cleanup Program, generating costs directly tied to the operation of that pre-1986 tank. Historical CGL carriers whose policies were in effect when the UST was installed and operating may still be obligated to cover those documented remediation expenditures.
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.