This property operated as a Plaid Pantry retail gasoline station and convenience store from 1984 through June 2003. Three single-walled steel underground storage tanks — one 10,000-gallon and two 12,000-gallon — were installed circa 1984 to support gasoline sales. Petroleum contamination including diesel, gasoline, and other petroleum products was confirmed in groundwater, leading to enrollment in the Voluntary Cleanup Program. Investigation and remediation work culminated in a No Further Action determination in November 2014. 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 underground storage tanks at this property were installed in 1984, two years before occurrence-based Commercial General Liability policies ceased to reliably cover pollution claims. Petroleum releases from those single-walled steel tanks contaminated groundwater with diesel, gasoline, and other petroleum hydrocarbons — a release tied directly to the pre-1986 operational period. The cleanup expenditures incurred through the Voluntary Cleanup Program to reach the 2014 No Further Action determination represent costs that historical CGL carriers who insured the facility during its early years of operation may still be obligated to cover.
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.