This property operated as a gasoline service station beginning in 1960, with five underground storage tanks installed in 1964 for fuel dispensing. The station ceased operations in 1971; a WSDOT maintenance building on the property dates to 1948. Petroleum hydrocarbons — both diesel and gasoline fractions — were identified in groundwater, and cleanup was conducted under the Voluntary Cleanup Program. The site has since achieved No Further Action status. 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 contamination in groundwater at this site originated from underground storage tanks installed in 1964 and operated through 1971 — more than a decade before the 1986 shift away from occurrence-based Commercial General Liability policies. The remediation expenditures incurred to bring this property to No Further Action status address releases tied directly to those pre-1986 fuel-dispensing operations. Historical carriers who issued CGL policies covering the station during the 1960s and early 1970s may still be obligated to recover those documented cleanup costs.
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.