This property operated as a gasoline station with five underground storage tanks, which were removed along with their associated piping in 1989 and replaced with new equipment. A petroleum release was reported in June 1989, and subsequent investigation confirmed benzene and petroleum hydrocarbons in groundwater beneath the site. Following investigation and remediation, the Washington Department of Ecology issued a No Further Action determination in December 2011. 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 1989 were original equipment very likely installed well before 1986, placing the contamination's origin squarely within the era of occurrence-based Commercial General Liability policies that carried no effective pollution exclusion. The petroleum release that triggered investigation and cleanup — benzene and gasoline-range hydrocarbons in groundwater — is directly attributable to those pre-1986 tank operations. Historical carriers who insured this facility during that operational window may bear obligation for the remediation costs incurred over the more than two decades between the 1989 release and the 2011 closure.
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.