This property operated as a gasoline fueling station and automotive repair facility from at least 1953 through 1985, with multiple underground storage tanks and a hydraulic hoist serving those operations for over three decades. The USTs were never removed from the property, and confirmed groundwater contamination — including benzene, petroleum hydrocarbons (gasoline and diesel), and metals — has been identified at the site. The property is now residential, and cleanup is underway through the Voluntary 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.
Petroleum fueling and automotive repair operations at this site ran continuously for more than thirty years before 1986, the period when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The benzene and petroleum hydrocarbon contamination now confirmed in groundwater traces directly to those decades of UST operations and vehicle servicing. Historical carriers who insured this property's commercial operations during the 1953–1985 window may bear obligation both to recover cleanup costs already incurred and to fund the remediation work ahead.
Restorical's role is to locate viable historical policies, determine whether a successful coverage claim is possible, and assist our clients and their legal counsel to obtain insurance coverage. Restorical then manages the claim, including accounting, to ensure the cleanup is funded in a timely manner.
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.