This property operated as a gasoline fueling station with three underground storage tanks totaling 20,000 gallons of capacity, historically dispensing both leaded and unleaded gasoline. The USTs were removed in June 1994 and replaced with new tanks during the same period. Site characterization confirmed petroleum-related contamination in groundwater, including benzene, non-halogenated solvents, and petroleum-gasoline constituents. The site has since received 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.
The underground storage tanks removed from this property in 1994 historically contained leaded gasoline — a product phased out during the 1980s — indicating fuel storage operations well before 1986. Occurrence-based CGL policies issued during that pre-1986 operational window carried no effective pollution exclusion in Washington and remain enforceable today. The petroleum contamination documented in groundwater at this site traces directly to those earlier operations, and the historical carriers who provided coverage during the years the tanks were in use may be obligated to cover the resulting 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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.