This property operated as a retail fuel station from 1964 through 2002, with five single-wall steel underground storage tanks installed at the outset of operations in 1964. Those original USTs were removed in 1991, and the site underwent cleanup under the Voluntary Cleanup Program, ultimately receiving a No Further Action determination from Ecology. Contaminants identified in groundwater include benzene, petroleum hydrocarbons (gasoline), non-halogenated solvents, and lead. 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.
Fuel-station operations at this property began in 1964 — more than two decades before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion. The benzene, petroleum, solvent, and lead contamination found in groundwater here traces to those decades of fuel dispensing and storage in single-wall steel tanks. Historical carriers who issued CGL policies covering this property during its 1964–1986 operational window may be obligated to recover the remediation costs that brought the site to its 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.