This property was first developed as a grocery store and gas station in 1956, with continuous fueling operations since that time. The current underground storage tanks were installed in 1994, replacing earlier infrastructure, and an extraction well was installed in 1987 to manage groundwater near the fuel islands. At least two petroleum releases were identified — including one tied to a historically disposed tank — with benzene and petroleum-gasoline contamination detected in groundwater. Remediation under the Voluntary Cleanup Program brought groundwater concentrations below cleanup levels, and the site 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.
Gas station operations at this property began in 1956, placing three full decades of fueling activity within the pre-1986 era when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. The petroleum contamination addressed here — benzene and gasoline constituents in groundwater from underground storage tank operations — traces to infrastructure that was installed and operated throughout that CGL window. Historical carriers who issued policies covering this property during its first three decades of operation may be obligated to respond to the remediation costs incurred to bring the site to its current No Further Action status.
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.