This property operated as a gasoline service station and automobile repair facility from at least 1932 through approximately 1962, with buildings on the site dating to as early as 1926. Two 1,000-gallon gasoline underground storage tanks were removed in 2004, and cleanup was conducted under the Voluntary Cleanup Program. Groundwater investigations confirmed contamination including benzene, petroleum-diesel, petroleum-gasoline, and other non-halogenated organics. The site has received a No Further Action determination. 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 storage and dispensing operations at this property spanned three decades before 1986, the year occurrence-based Commercial General Liability policies stopped reliably covering pollution claims in Washington. The benzene and petroleum contamination found in groundwater traces directly to those pre-1986 gasoline operations — UST removal, investigation, and remediation costs were incurred to address releases that began during the policy period. Historical carriers who issued CGL policies to the operators between 1932 and 1962 may still be obligated to recover those documented cleanup expenditures.
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.