This property operated as the Olivia Park Chevron gas station, with four underground storage tanks serving gasoline retail operations. The USTs were removed in 1991, and a release notification followed in November 1992 after groundwater contamination was confirmed — benzene, petroleum diesel, petroleum gasoline, and free product (LNAPL) were found floating over groundwater at approximately four feet below ground surface. The main gas station building was demolished before a 1998 cleanup round, and the site has since received a No Further Action determination under Washington's Standard Cleanup program. 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 removed from this property in 1991 were almost certainly installed decades earlier, well before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The petroleum contamination discovered in groundwater here — benzene and free product among it — traces directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies covering this gas station during the years those tanks were in active service may still bear obligation for the remediation costs incurred to reach the site's No Further Action status.
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.