This property has operated as a gasoline service station since the early 1980s, with seven underground storage tanks supporting fuel dispensing operations. In 1990, all seven USTs were decommissioned and removed, and groundwater monitoring initiated in April 1991 confirmed benzene and petroleum-gasoline hydrocarbons in groundwater beneath the site. The property was enrolled in Ecology's Voluntary Cleanup Program and received a No Further Action determination in June 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.
Petroleum contamination at this site originated from underground storage tanks installed and operated in the early 1980s, before occurrence-based Commercial General Liability policies began routinely excluding pollution claims after 1986. The remediation timeline — UST decommissioning in 1990, groundwater monitoring spanning more than three decades, and Voluntary Cleanup Program oversight through 2023 — represents a substantial cost trail tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies during the early 1980s operating window may bear obligation for those documented 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.