This property operated as a gasoline service station — first as an Arco station, then as Plaid Pantry #23 — from the early 1960s through 2002, with three underground storage tanks serving retail fuel sales for roughly four decades. Sampling in 1998 detected leaded petroleum products, and subsequent investigation confirmed TPH-G, volatile organic compounds including benzene and xylenes, and metals in groundwater, with a contaminant plume migrating off-site to the adjacent Gramor Development property. Cleanup under the Voluntary Cleanup Program included removal of the three USTs between 2002 and 2010, and groundwater has since been remediated below cleanup levels, earning the site 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 contamination at this property originated from underground storage tanks that were installed and dispensing fuel more than two decades before 1986, when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. The documented remediation costs — UST removals, groundwater investigation and cleanup, and off-site plume management spanning from 2002 to at least 2010 — trace directly to releases from those pre-1986 fueling operations. Historical carriers who issued CGL policies during the 1960s-through-1986 operational window may still be obligated to cover those cleanup 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.