This property operated as a gasoline service station with four underground storage tanks installed in 1964, dispensing leaded gasoline. The property was developed for commercial use in or prior to 1978, and the current building dates to that year. Groundwater investigations identified polycyclic aromatic hydrocarbons, petroleum hydrocarbons (gasoline-range), and other non-halogenated organics, and the site was addressed through Washington's Voluntary Cleanup Program, ultimately receiving a No Further Action determination from Ecology. 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 traces to underground storage tanks installed in 1964 — more than two decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The remediation costs incurred to achieve the site's No Further Action status under the Voluntary Cleanup Program were driven by releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies covering this station during that 1964-and-forward window 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.