This property operated as an ARCO gas station with underground storage tanks for fuel oil and waste oil that were removed from the facility in 1989. Site investigation confirmed petroleum contamination limited to the tank and pipeline cavities. The site has achieved No Further Action status under Washington's 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.
The underground storage tanks at this ARCO station were in operation well before their 1989 removal, with installation dates consistent with the pre-1986 era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The petroleum contamination documented in the tank and pipeline cavities originated from operations during that insured window, and the investigation and remediation costs incurred to reach No Further Action status represent expenditures that historical carriers may be obligated to recover.
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.