Fuel-related operations at this Aurora Avenue property date back decades — a 1950 fire insurance map shows a store with a fuel yard on the parcel, and Ecology's UST database records a waste oil tank installed as early as 1964. The Exxon service station was constructed in 1972 with four underground storage tanks totaling 34,000 gallons of gasoline, diesel, and waste oil capacity, all removed in August 1986 and replaced with fiberglass tanks. Petroleum hydrocarbons, benzene, polycyclic aromatic hydrocarbons, and lead were detected in groundwater beneath the property during remedial investigation. The site was enrolled in the Voluntary Cleanup Program and has 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.
Underground storage tanks at this property were installed and dispensing petroleum products from at least 1972 — and possibly as early as 1964 — placing the origin of contamination squarely within the era of occurrence-based CGL coverage that carried no effective pollution exclusion. The groundwater contamination documented here — petroleum hydrocarbons, benzene, PAHs, and lead — is the type of gradual release those pre-1986 policies were designed to cover. Remediation expenditures incurred through the Voluntary Cleanup Program to reach the No Further Action milestone represent costs that historical carriers who insured the station during its pre-1986 operating years may be obligated to reimburse.
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.