This property housed two gasoline service stations and a dry cleaning operation from approximately 1948 through 1969, as documented in both Ecology's Further Assessment Opinion (2012) and the Voluntary Cleanup Program NFA letter (2015). Groundwater investigations confirmed petroleum hydrocarbon contamination — TPH-Gx exceeding MTCA Method A Cleanup Levels — at the former northeastern gasoline service station area, with non-halogenated solvents and halogenated solvents also detected in groundwater. The site achieved No Further Action status under 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.
Gasoline service station and dry cleaning operations at this property began in approximately 1948, nearly four decades before 1986 — the year occurrence-based Commercial General Liability policies stopped reliably covering pollution claims in Washington. The petroleum hydrocarbons and solvents confirmed in groundwater here trace directly to those pre-1986 operations. Historical carriers who issued CGL policies to the operators during that 1948–1969 window may still be obligated to recover the remediation costs incurred to bring this site to No Further Action.
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.